1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Attached Form 1 among the 10th and second floors of the real estate listed in the Attached List;

1. Basic facts

A. In around 1981, the Plaintiff leased the part as stated in Paragraph 1 of the Disposition (hereinafter “instant real estate”) among the 10th and second floors of the real estate listed in the attached list to the Defendant, and the Defendant is operating the clothing store in the instant real estate up to now.

B. On January 16, 201, the Plaintiff and the Defendant renewed the instant real estate lease with a deposit of KRW 45.5 million, monthly rent of KRW 5 million (payment on January 16), and the period of KRW 36 months. There was no discussion on the payment of the value-added tax at the time, and there was no indication on the payment of the value-added tax even in the lease contract (Evidence 2).

C. On January 20, 2016, the Plaintiff and the Defendant entered into the instant real estate lease agreement (No. 1 No. 1; hereinafter “instant lease agreement”) stating, “The contract date, KRW 45 million, KRW 6.5 million, KRW 6.5 million, KRW 16 million, and the period, February 15, 2018,” between the Plaintiff and the Defendant.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 3, and the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion ① The Defendant did not pay KRW 18 million in arrears ( KRW 500,000,000,000,000 for three years from 2013 to 2015 and KRW 24.2 million in arrears ( KRW 7.5 million from January 27, 2016, to February 4, 2016, respectively) during the monthly rent including value-added tax under the instant lease agreement.

② Since the Plaintiff terminated the above lease contract by serving a copy of the complaint of this case on the ground that the amount of overdue rent did not reach three years, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff unjust enrichment of KRW 42.2 million in total ( KRW 18 million in total) and KRW 42.2 million in unpaid rent and surcharges, from May 16, 2016 to the completion date of delivery of the instant real estate.

B. Comprehensively taking account of C’s testimony of the validity of the instant lease agreement, the Plaintiff from 1981 to June 2015.