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

A. The payment of KRW 12,00,000 is received from the Plaintiff (Counterclaim Defendant).

The main lawsuit and counterclaim are also finite.

1. Facts of recognition;

A. On February 28, 2014, the Defendant: (a) leased the instant store from D to KRW 12 million; (b) KRW 900,000,000 per month; (c) from March 10, 2014 to February 10, 2016; and (d) extended the said lease by setting the lease term as KRW 110,00 (10,000 per month); and (c) from March 10, 2014 to March 9, 2019, the lease was renewed by setting the rent from February 29, 2016 to KRW 110,00 (10,000 per month); and (d) from March 10, 2016 to March 9, 2019.

B. 1) On December 5, 2018, the Plaintiff purchased the instant store from D, and completed the registration of ownership transfer with respect to the said store on December 20, 2018. 2) On December 11, 2018, as the Plaintiff succeeded to the lessor’s status with respect to the instant store, the Plaintiff prepared a lease agreement with the Defendant on December 11, 2018, setting the lease deposit amount of KRW 12 million between the Defendant and the Defendant, KRW 110,000 (10,000 won per month), and the lease period of KRW 10,000,000 per month from March 10, 2016 to March 9, 2019.

(hereinafter “the lease of this case”). C.

The lease of this case terminated on March 9, 2019. D.

As of the closing date of the argument of this case, the Defendant runs the Japanese food restaurant business in the name of “E” at the store of this case, and paid the Plaintiff money equivalent to monthly rent and value-added tax up to March 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. Judgment on the plaintiff's main lawsuit

A. According to the facts of recognition of the instant claim for the delivery of the store, the lease of this case terminated on March 9, 2019, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff.

In this regard, the defendant can not respond to the plaintiff's claim until the deposit of 12 million won is refunded.

As seen earlier, the fact that the Defendant paid the above lease deposit amount of KRW 12 million to the Defendant, the Plaintiff is obligated to pay the above lease deposit amount of KRW 12 million to the Defendant.