1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the separate sheet.

2...

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On November 2, 2018, the Plaintiff intended to purchase a building listed in the separate sheet (hereinafter “instant building”) and the land located therein between C and C on November 2, 2018, and as against C’s Defendant:

On January 17, 2019, the Plaintiff acquired the obligation to refund the lease deposit after deducting the amount equivalent to the lease deposit under the lease contract stated in the port from the purchase price, and completed the registration of ownership transfer on the said real estate.

B. The Defendant entered into a lease agreement with C to lease all the first floor of the instant building (hereinafter “the instant lease agreement”) at KRW 50,000,000 for lease deposit, KRW 2,945,00 for monthly rent (excluding value-added tax), and the period from March 1, 2017 to February 28, 2019 for lease (hereinafter “the instant lease agreement”). In operating a childcare center, the Defendant occupied the instant lease agreement while operating the childcare center.

C. On December 3, 2018 and January 15, 2019, C sent to the Defendant proof that the instant building was sold, and that it was impossible to determine whether to renew the lease agreement. On January 23, 2019, the Plaintiff sent to the Defendant a proof of the content that the Plaintiff would deliver the leased portion by February 28, 2019.

Accordingly, on January 29, 2019, the Defendant sent to the Plaintiff a certificate that “the Defendant demanded renewal of the instant lease agreement to C, the former owner on December 13, 2018, pursuant to Article 10(1) of the Commercial Building Lease Protection Act.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 11 (including each number), Eul evidence Nos. 2 and 6 (including additional number), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. Part 1 of the claim for the delivery of a building) The Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

The lease of commercial buildings to which the Commercial Building Lease Act applies is a building subject to business registration, which is the object of lease.