The counterclaim claim of the counterclaim is dismissed.

The litigation costs relating to a counterclaim shall be borne by the counter-resident.

1. Facts of recognition;

A. The Lessee entered into a lease agreement (hereinafter “instant lease agreement”) around October 1, 2004 with the former owner of the instant building as to the 1st floor and 20 square meters of the instant building among the real estate recorded in the attached Table (hereinafter “the instant building”). As to the 1st floor and 20 square meters of the building possessed by the Lessee, the Lessee entered into a pharmacy in the instant commercial building from October 1, 2004 with the trade name “D pharmacy”.

B. Since October 1, 201, the Lessee entered into a lease agreement with C on October 1, 201 with a lease deposit of KRW 65 million, monthly rent of KRW 3.9 million, and 24 months with a lease term. Since then, the said lease agreement was explicitly renewed.

C. On March 7, 2019, the counterclaim Defendant purchased the instant building from C and completed the registration of ownership transfer on April 5, 2019.

On April 24, 2019, E Co., Ltd., which was entrusted with the management of the instant building by the counterclaim Defendant, planned to remove the instant building to the counterclaim, demanding the termination of the lease contract. Moreover, the Plaintiff filed a lawsuit seeking delivery of the building against the counterclaim. However, on December 12, 2019, E was dismissed on the ground that there was no evidence to acknowledge that the Plaintiff is the owner of the instant building.

(Seoul Central District Court 2019dan5103976). D.

On September 6, 2019, before the expiration of the instant lease agreement, the Lessee entered into a premium agreement with F and F to transfer all business facilities and equipment in the instant commercial building to F in the amount of KRW 350 million for premium, and requested the Counterclaim Defendant to enter into a new lease agreement with F on September 9, 2019.

However, the counterclaim defendant did not enter into a new lease contract with F.

E. On December 19, 2019, after the expiration of the lease term, the counterclaim Defendant filed the instant lawsuit seeking the transfer of the instant commercial building at the court 2020 Gohap526805.