1. The Defendant (Counterclaim Plaintiff) received KRW 8 million from the Plaintiff (Counterclaim Defendant) and simultaneously received the payment from the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 3, 2015, the Plaintiff purchased the attached list real estate from Nonparty C and completed the registration of ownership transfer on May 29, 2015. At the time of the said sales contract, the Plaintiff acquired the obligation to pay deposit to the Defendant C and the Defendant’s monthly rent payment claim.

B. On December 31, 2010, the Defendant entered into a lease agreement between C and C, setting the lease term of KRW 111.784 square meters on the 1st floor among the real estate listed in the separate sheet (hereinafter “instant store”) from December 31, 2010 to December 30, 2012, setting the lease term of KRW 8 million as the lease deposit and KRW 900,000 per month. Around that time, the Defendant received the instant store by paying the lease deposit to C.

C. The above lease contract was implicitly renewed between C and the Defendant. After purchasing real estate listed in the separate sheet, the Plaintiff notified the Defendant that the instant store will be delivered and the lease contract will not be renewed if the lease term expires several times.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, entry of Eul evidence 1, purport of whole pleadings]

2. Determination on the principal lawsuit and counterclaim claim

A. According to the above facts of determination as to the cause of claim, the Plaintiff succeeded to the lease agreement between Nonparty C and the Defendant, and the above lease agreement expired on December 30, 2015, the Defendant is obligated to deliver the instant store to the Plaintiff, barring special circumstances.

In addition, according to the above facts, with respect to the store of this case, it is presumed that the amount equivalent to KRW 900,000 per month even after the lease term of this case expires, and barring any special circumstance, the defendant is obligated to pay to the plaintiff unjust enrichment equivalent to the rent of KRW 90,000 per month from December 31, 2015 to the delivery of the store of this case.

B. The defendant's defense and counterclaim claim 1) The part on the claim for the return of the lease deposit (the defendant's assertion is the defendant's store of this case.