1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).

1. Facts of recognition;

A. On October 17, 2015, the Plaintiff leased from the Defendant’s agent C real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) from the Defendant’s agent for the lease deposit of KRW 35,000,000, monthly rent of KRW 50,000, and the period from October 21, 2015 to October 21, 2016.

(hereinafter referred to as “first contract”). (b)

The Plaintiff paid all the lease deposit stipulated in the first contract, and resided in the instant real estate.

The first contract was implicitly renewed after the expiration of the period of validity.

C. On September 26, 2019, the Defendant prepared a power of attorney to D and issued it with the certificate of personal seal impression directly issued:

Details of delegation: Delegation of the authority concerning the color and occupancy of tenants, evictions, management of facilities, deposit money, and monthly rent deposit (designated accounts NA) for the instant real estate;

D. On September 27, 2019, the Plaintiff leased the instant real estate from the Defendant’s agent D with KRW 35,000,000, monthly rent of KRW 20,000, and the period from October 5, 2019 to October 5, 2020.

(hereinafter referred to as "second contract"). 【No dispute exists, entry of Gap evidence Nos. 1 through 10, and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserts that since the second contract was terminated by the agreement between the plaintiff and the defendant, the defendant is obligated to return the remaining money after deducting the overdue rent from the lease deposit from the plaintiff as well as the delivery of the real estate of this case from the plaintiff.

The defendant asserts that the plaintiff was returned KRW 35,00,000,000 for the lease deposit under Article 1 contract from C, and that the defendant did not pay the lease deposit under Article 2 contract to the defendant or the defendant's representative, and sought delivery of the real estate in this case from the plaintiff.

B. Comprehensively taking account of the overall purport of the arguments in the items of evidence Nos. 8, 9, 11, 12, and No. 1, the lease deposit and rent payment No. 8, 9, 11, and 12 under the judgment No. 2 contract.