1. The Defendant (Counterclaim) shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.

2...

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Facts of recognition;

A. On November 28, 2012, the Defendant concluded a lease agreement with the Korea Land and Housing Corporation and the attached list (hereinafter referred to as the “instant real estate”) with respect to the real estate indicated in the attached list, with a term of KRW 23,064,00, monthly rent of KRW 157,050, and the term of lease until December 31, 2014 (hereinafter referred to as the “instant lease agreement”).

B. On December 10, 2012, the Plaintiff extended a loan of KRW 13 million to the Defendant on December 31, 2014, which was determined on December 31, 2014 due to the expiration date of the lending period (hereinafter “the instant lending contract”). As a security, the Plaintiff was transferred the Defendant’s right to claim the refund of the instant lease deposit against the Korea Land and Housing Corporation.

On November 30, 2012, the defendant notified the Korea Land and Housing Corporation of the assignment of the above assignment by content-certified mail, and the above assignment notification reached the Korea Land and Housing Corporation at that time.

C. In addition, the Defendant prepared and delivered to the Plaintiff a written explanation of performance that “I will immediately order the obligee or the person designated by the obligee to order the lessor to return the leased deposit even within the lease term if you are unable to repay the principal and interest of the loan by the due date (or due date for loss of the benefit of time).”

After that, although the loan period of the instant loan contract was extended, the Defendant delayed repayment of the principal and interest and lost its profit on March 31, 2017, and on May 31, 2017, the principal and interest of the loan that the Defendant borne as of May 31, 2017 are KRW 13,527,530 (i.e., interest rate of KRW 13 million) (i., interest rate of KRW 527,530).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above determination on the cause of the claim, the instant lease agreement was terminated on December 31, 2014, and thus, to preserve the Plaintiff’s claim against the Korea Land and Housing Corporation for the acquisition of the lease deposit.