1. The Plaintiff (Counterclaim Defendant) paid KRW 110,00,000 to the Defendant (Counterclaim Plaintiff) for KRW 110,00,000, and on such basis, from September 1, 2015 to September 7, 2015.

1. Facts of recognition;

A. On November 22, 2010, the Plaintiff entered into a real estate lease agreement with the Defendants to lease the first floor of the real estate listed in the separate sheet (hereinafter “instant real estate”) with a deposit of KRW 110 million, monthly rent of KRW 8.5 million, and November 21, 2016, and delivered the said real estate to the Defendants.

B. After that, on July 1, 2014, the Plaintiff and the Defendants agreed to terminate the lease agreement on the date five months after the date of notification when the lessor notified the termination of the contract due to the occurrence of a change in the term of the said real estate lease agreement, even if the term of the contract was changed due to the occurrence of a change in the term of the sale of the building.

(hereinafter “instant lease agreement”). C.

On November 7, 2014, the Plaintiff agreed to sell the entire building, including the instant real estate, to Samwon Electric Power Co., Ltd. in KRW 11.2 billion, and concluded a real estate sales contract with the effect that the contract deposit amounting to KRW 1.1 billion was paid on the date of the contract, and the remainder KRW 10.1 billion was paid on May 7, 2015.

On August 31, 2015, the Defendants paid to the Plaintiff the monthly rent under the instant real estate lease agreement and delivered the instant real estate to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff alleged that the Plaintiff notified the Defendants of the fact that the Plaintiff sold the instant real estate on or around November 2014, and that the instant lease agreement did not receive the instant real estate from the Defendants even after the termination of the lease agreement on or around April 2014, thereby incurring damages equivalent to KRW 208,631,961 in total of the following items. The Plaintiff sought payment of KRW 98,631,961, which shall be returned to the Defendants from the said money, after deducting KRW 110 million from the lease deposit to be returned to the Defendants.

(1) From May 2, 2015 to August 2015, 12,517,490 won in total for water supply and sewerage charges and rents.