1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The defendant (Counterclaim plaintiff) shall list the attached list from the plaintiff (Counterclaim defendant).

1. We examine, ex officio, whether a counterclaim is lawful or not.

A defendant may, only if it does not remarkably delay the litigation procedures, file a counterclaim with the court in which the principal lawsuit is pending not later than the closure of pleadings.

(Article 269(1) of the Civil Procedure Act. However, the Defendant filed the instant counterclaim on March 13, 2015, after March 5, 2015, which was the date of closing the argument.

Therefore, the counterclaim of this case is inappropriate as being raised after the closing of argument, and thus, it is dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.

2. On July 9, 2003, the Plaintiff, a lessee, entered into a lease contract with C, the former owner of the building listed in the attached Table (hereinafter “instant house”) with respect to the instant house, with the term of KRW 21,00,000, and the term of lease from July 9, 2003 to July 8, 2005, and paid the lease deposit to C. The Plaintiff completed a fixed date and move-in report on this time, the Plaintiff purchased the instant house from C, and completed the registration of ownership transfer on December 28, 2004, and the Plaintiff’s request for the return of the lease deposit is without dispute between the parties.

According to the above facts, the lease contract of this case is deemed to have been terminated by the expiration date, so the defendant, the transferee of the house of this case, is obligated to refund the above lease deposit and its delay damages to the plaintiff.

3. Judgment on the defendant's defense

A. Defendant’s assertion 1) The Plaintiff did not agree with the lessor’s status at the time of acquiring the instant house from C, and the Defendant is not obligated to return the lease deposit to the Plaintiff as a successor to the instant lease agreement. 2) The Plaintiff is the Plaintiff.