1. The counterclaim claim is dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.

1. Facts of recognition;

A. The counterclaim Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Lessee, setting the lease deposit of KRW 30 million, monthly rent of KRW 1.6 million, and the period from November 10, 2010 to November 10, 2012, with the lease deposit of KRW 74.43 square meters on the first floor among the buildings located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”).

B. Around that time, the Lessee was handed over the instant building and operated a restaurant with the trade name “D”.

C. After the expiration of the period on November 10, 2012, the instant lease agreement was explicitly renewed as of November 10, 2014.

On October 6, 2014, the counterclaim Defendant notified the counterclaim that “The expiration date of the instant lease agreement is November 10, 2014.” Since the instant building should be remodeled, it is impossible to renew the contract, and thus, it was notified on November 10, 2014.”

On November 10, 2014, the Counterclaim Plaintiff notified the Counterclaim Defendant of “The Counterclaim Plaintiff knows on November 10, 2015 that the period of the contract renewal terms expires. It will be referred to as a business even if it takes a long time in remodeling.”

The instant lease agreement was extended by November 10, 2015.

E. On August 3, 2015, the counterclaim Defendant notified the Counterclaim Plaintiff of the termination of the instant lease agreement on November 9, 2015. After the termination of the lease agreement, the instant building was restored to its original state and changed to its original state.

On August 6, 2015, the Counterclaim Defendant leased the instant building to the Counterclaim Defendant until November 9, 2015. The sales of the store to a third party at the expiration of the said period is expected to receive the premium from the buyer. The Counterclaim Defendant notified the Counterclaim Defendant that he would have known the buyer before the expiration of the period, and that he would have known the buyer before the expiration of the lease contract. The Counterclaim Defendant received KRW 25 million for the premium from the third party on August 21, 2015.