The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall:

(a) deliver the second floor of 221 square meters among the real estate listed in the attached list, and B.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 30, 2017, the Plaintiff entered into a lease agreement with the Defendant on the condition that the second floor 221 square meters (hereinafter “instant building”) among the real estate listed in the attached list is KRW 10 million, monthly rent of KRW 1.7 million, and the lease term is set as the lease term from November 1, 2017 to October 31, 2019 (hereinafter “instant lease agreement”). On November 1, 201 of the same year, the Plaintiff handed over the instant building to the Defendant.

B. On October 30, 2019, the Plaintiff renewed the instant lease agreement with the Defendant with the content of increasing the monthly rent to KRW 1,785,000, and extending the lease period to October 31, 2021.

C. However, since December 2019, the Defendant delayed the payment of the rent for three months, and on March 2, 2020, the Plaintiff sent to the Defendant a document containing his/her declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent, and the said document reached the Defendant at that time.

On March 25, 2020, the Defendant paid to the Plaintiff KRW 1,963,50, the monthly rent of KRW 1,963,50, and KRW 1,958,000 on April 28, 2020.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated upon the Plaintiff’s declaration of intention to terminate the contract on the ground of the delinquency in rent.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff and pay the plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 1,785,00 per month from February 1, 2020 to the completion date of delivery of the building.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted that there was no difference in arrears by paying all the rent to the Plaintiff. However, it is the difference after February 2020.