1. The Defendant (Counterclaim Plaintiff) is from KRW 10,00,000 to KRW 129,00 from the Plaintiff (Counterclaim Defendant) to the period from January 18, 2017 to Chungcheong City.

1. Basic facts

A. On March 21, 2014, the Plaintiff completed the registration of ownership transfer for reasons of sale on the building listed in the attached list.

B. On July 30, 201, the Defendant entered into a lease agreement between D, the former owner of the building listed in the attached list, with respect to a commercial building on the ground of 41 square meters on board (hereinafter “instant real estate”) located in the portion of “A” in the attached Form No. 1, 2, 3, 4, 5, 6, and 1 among the areas indicated in the attached Form No. 129 square meters in Chungcheongnam-si, Chungcheongnam-si, with the former owner of the said building, on July 30, 201, for a lease deposit of KRW 10,000,000 and the lease term of KRW 50,000 from July 30, 201 to July 30, 2012.

Since then, the above lease was renewed, and the Plaintiff, who acquired the ownership of the building, agreed with the Defendant to set the term of the above lease by July 30, 2015.

C. The Defendant occupied the instant real estate and operated the store until now, and did not delay the Plaintiff’s rent.

[Ground of recognition] The descriptions of Gap evidence Nos. 1, 2, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination:

A. According to the facts of the judgment on the principal claim, since the lease contract between the Plaintiff and the Defendant between the Plaintiff and the expiration of the lease period on July 30, 2015, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time receiving the remainder of the money calculated by deducting the amount calculated by the rate of KRW 500,000,00,000, which is the rent equivalent to the instant real estate from the 10,000,000, the date of the instant judgment, from January 18, 2017 to the date the delivery of the instant real estate is completed.

Meanwhile, the Plaintiff sought to deduct the Defendant’s portion of unjust enrichment arising from the Defendant’s possession and use from the date of July 31, 2016 to the date of the completion of delivery of the instant real estate from the lease deposit. However, as seen earlier, the Defendant paid to the Plaintiff both without delay the amount of money equivalent to the rent prior to the rendering of the instant judgment. As such, the instant judgment was rendered.