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

A. The payment of KRW 20,000,000 is received from the Plaintiff (Counterclaim Defendant).

Basic Facts

A. On November 13, 2007, the Defendant entered into a lease agreement with C and the instant building from November 20, 2007 to November 19, 2010, under the condition that the lease deposit is KRW 10 million, monthly rent is KRW 1.2 million (hereinafter “instant lease agreement”). Under the same condition, the instant lease agreement has been renewed on November 20, 2012 to November 19, 2013, and thereafter, the instant lease agreement has been renewed under the same condition.

B. On June 20, 2016, the Plaintiff purchased the instant real estate and acquired its ownership, and succeeded to the lessor’s status of the instant lease agreement.

C. Since the conclusion of the instant lease agreement, the Defendant is operating a restaurant with the trade name “D” in the instant building from the date of the instant lease agreement to the date.

On June 24, 2016, the Plaintiff notified the Defendant of his/her intention to restore the instant building to its original state upon the expiration of the lease period on November 19, 2016 and sent it to the Defendant at that time.

[Ground of recognition] According to the above facts, the lease contract of this case was terminated on November 19, 2016 after the expiration of the period of validity of November 19, 2016, based on the following facts: Gap evidence 1 to 4, Gap evidence 6, and Gap evidence 6's motion and video, as a whole.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff. Since the lessor’s duty to return the lease deposit to the Plaintiff is concurrently performed with the lessee’s duty to return the leased object, the Defendant is obligated to receive KRW 20,000,000 from the Plaintiff who succeeded to the lessor’s status, barring any special circumstances, and simultaneously deliver the instant building to the Plaintiff, barring any special circumstance.