The plaintiff (Counterclaim defendant)'s main lawsuit and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

(b) Costs of lawsuit;

1. Basic facts

A. On November 6, 2018, the Defendant acquired ownership by voluntarily selling each of the real estate listed in the separate sheet owned by C and D (hereinafter “each of the instant real estate”) through an auction (hereinafter “instant auction”). On the same day, the Defendant registered the transfer of ownership of the remaining real estate except for buildings not presented out of each of the instant real estate.

B. On February 27, 2018, the Daegu District Court, which is the cause of the instant auction, decided to commence the auction of each real estate of the instant case on February 27, 2018 upon the application (E) for a voluntary auction by the mortgagee, and decided on May 9, 2018 as the completion period to demand a distribution.

(c)

The plaintiff is at the seat of the head office of Youngcheon-si F.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 4, Eul evidence No. 2-1 through 6, Eul evidence No. 4-1, 2, Eul evidence No. 5, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) On September 18, 2009, between D and D, the Plaintiff entered into a lease contract between the lease deposit amount of KRW 77,00,000, monthly rent of KRW 425,00 ( separate value added tax), and the lease contract between September 18, 2009 and 24 months (hereinafter “the lease contract in this case”). The lease deposit of KRW 5 million out of KRW 77,00,000,00 was remitted to D’s account on February 13, 2009, and the remainder of KRW 1,000,000 was paid to D in cash on the date when the lease contract was concluded.

On September 21, 2009, the Plaintiff completed the registration of the relocation of its head office to the location of the instant factory.

In addition, 467,500 won per month was paid to D's account.

Therefore, Article 3 (1) of the Commercial Building Lease Protection Act has opposing power.

Since the Defendant succeeded to the lessor’s status by acquiring the ownership of the instant factory, the Defendant is liable to compensate the Plaintiff for the lease deposit amounting to KRW 77,00,000 and delayed damages.