1. The counterclaim claim is dismissed.

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

1. Basic facts

A. On June 9, 2011, the counterclaim Defendant and the counterclaim concluded a lease agreement with the term of June 15, 201, setting the lease deposit amount to KRW 50 million, monthly rent of KRW 200,000,000, and June 15, 2012 with respect to the first floor store (hereinafter “the first floor store of the instant building”) among the instant building (hereinafter “instant building”). On June 26, 2014, the said lease agreement was renewed and the monthly rent of KRW 2,50,000 was increased to KRW 2,750,000, and on June 26, 2014, the said lease was renewed and the lease agreement was finally renewed on June 19, 2016.

(B) The lease contract between the counterclaim and the counterclaim Defendant is “instant lease contract.”

The Counterclaim Plaintiff operated a coffee shop with the trade name “D” at the 1st floor store of the instant building, and discontinued its business around May 2018.

On the other hand, the counterclaim Defendant leased the second floor store of the instant building to E on January 2018, and E is operating the F sports facilities at the second floor store of the instant building from around that time to the date of closing argument in the instant case.

C. On June 14, 2018, the counterclaim Defendant filed a main lawsuit against the Counterclaim Plaintiff seeking to deliver the first floor store of the instant building (2018da2228145). On May 2019, the instant lawsuit was pending and withdrawn on August 14, 2019, after being handed over the first floor store of the instant building from the Counterclaim Plaintiff.

[Ground of recognition] Facts without any dispute, Gap's evidence 1 through 5, Gap's evidence 9, 15, 16, Eul's evidence 3, witness G, and Eul's testimony and whole purport of pleading

2. The assertion and judgment of the Counterclaim Plaintiff

A. A. The summary of the Plaintiff’s assertion ① Around January 2018, the counterclaim Defendant leased the second floor of the instant building to E for the use of FHH, and the vibration and noise generated from the second floor.