1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) receives KRW 140,000,000 from the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

On January 17, 2015, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant at KRW 140,00,000,00 for lease deposit, and the basic management expenses at KRW 50,000 for lease period until March 10, 2017 (hereinafter “instant lease agreement”). On January 17, 2015, the Defendant agreed to restore the damaged part to its original state upon the expiration of the term of the instant lease agreement.

Around that time, the Defendant paid KRW 140,000,000 to the Plaintiff, and occupied the instant real estate.

[Grounds for recognition] In light of the facts without dispute, Gap evidence No. 2, Eul evidence No. 5, Eul evidence No. 14-2, Eul evidence No. 14-2, and the facts of the above recognition as to the grounds for the claim of extradition as to the claim of main claim of the entire purport of the pleadings, the lease contract of this case was terminated upon the lapse of March 10, 2017. Thus, the defendant, a lessee, is obligated to deliver the real estate of this case, which is the object of lease, to the plaintiff, a lessor

The defendant's defense, etc. is a simultaneous performance defense that the defendant cannot respond to the plaintiff's request for delivery until the plaintiff is returned the lease deposit.

According to the above facts, the plaintiff is obligated to return 140,000,000 won to the defendant. The defendant's obligation to deliver the real estate of this case is related to the plaintiff's obligation to return the above deposit.

Therefore, the defendant's above defense is justified.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time with the payment of KRW 140,000,000 from the Plaintiff.

The Plaintiff filed a claim for damages, according to the instant lease agreement, shall pay electricity charges for common areas used by the Defendant, such as automatic door of the entrance of the building to which the instant real estate belongs, and electric lights inside the stairs room.