1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate listed in the separate sheet;

B. 36,300.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 13, 2017, the Plaintiffs and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in the separate sheet owned by the Plaintiffs (hereinafter “instant building”) from February 6, 2017 to February 5, 2020 by setting the lease term as KRW 50 million, KRW 330,000 per month (including value-added tax; hereinafter the same shall apply) and KRW 3410,000 per month from February 2019 to February 3, 2020.

B. By February 6, 2017, the Defendant paid KRW 50 million to the Plaintiffs, and around that time, the Defendant received delivery of the instant building from the Plaintiffs and operated the restaurant at the said building.

C. The Defendant did not pay the difference from April 6, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts of determination as to the cause of the claim, the above lease contract was lawfully terminated on December 21, 2018, on which the copy of the complaint of this case stating the Defendant’s intent to terminate the lease contract of this case was served on the Defendant on the ground of the delinquency in rent, as the Defendant did not pay more than three vehicles, and thus, pursuant to Article 10-8 of the Commercial Building Lease Protection Act, the right to terminate the lease of this case was created.

In the legal brief dated June 19, 2019, the plaintiffs stated that the lease contract of this case is terminated on the grounds of the defendant's delinquency in rent.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiffs following the termination of the instant lease agreement and pay unjust enrichment equivalent to the rent or rent from April 6, 2018 to the completion date of delivery of the instant building.

Furthermore, as to the unjust enrichment of the rent or rent that the defendant should pay to the plaintiffs, the defendant should pay.