1. The Defendant (Counterclaim Plaintiff) from the Plaintiff (Counterclaim Defendant) to the KRW 30,000,000, from August 1, 2016 to the attached list.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 24, 2006, the Plaintiff and the Defendant concluded a lease contract with a fixed term of 30,000,000 won for the instant building owned by the Plaintiff, as well as KRW 900,000 for rent, management fee (excluding value-added tax), KRW 8,00 for the average management fee, and period of 1 year.

B. On the other hand, on July 2015, the Plaintiff notified the Defendant of his/her intention to refuse the renewal of the instant lease agreement.

C. The Defendant paid that the vehicle is up to July 2016.

Expert C assessed the premium amount of KRW 35,000,000 for the instant building.

[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 and 2 (including each number), the result of the commission of appraisal to appraiser C by this court, the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of recognition of India’s claim for unjust enrichment, barring any special circumstance, the instant lease agreement was terminated on August 23, 2015, and thus, has a duty to deliver the instant building to the Plaintiff, barring special circumstances.

On the other hand, the defendant simultaneously claims the return of the lease deposit, and the obligation to return the remainder after deducting the lessee's obligation to return the object and the lessor's overdue rent, etc. arising from the termination of the lease contract, is in a simultaneous performance relationship. Therefore, this part of the defendant's defense is justified.

Meanwhile, from August 1, 2016 to the completion date of delivery of the building of this case, the Plaintiff sought payment of rent of KRW 1,162,590 per month and unjust enrichment equivalent to the rent of KRW 1,162,590 per month. However, this is reasonable from the Defendant’s lease deposit. Thus, this part of the claim is justified as the Plaintiff’s re-claim.

Therefore, the defendant is paid from the plaintiff 30,000 to the 1,162,590 won per month from August 1, 2016 to the completion date of delivery of the building of this case (no dispute between the parties) with the remaining amount after deducting the amount from the rate of KRW 1,162,590 per month.