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1. Basic facts

A. On August 20, 2011, the Defendant entered into a lease agreement with C on the lease deposit amounting to KRW 10 million, KRW 1700,000 per month of rent, and KRW 24 months of lease (hereinafter “instant lease agreement”), and operates a restaurant with the trade name “D” in the said building.

B. The Plaintiff obtained authorization from the competent authority on May 12, 2014 for the establishment of a local housing improvement project for the Busan Dong-gu E members of the Dong-gu, Busan, and obtained approval for the project plan on February 26, 2016. On October 1, 2015, the Plaintiff purchased the instant real estate located within the said project zone from C, and completed the registration of ownership transfer on October 28, 2015.

C. C requested the Defendant to deliver the instant real estate by the end of February 2016 at the time of selling the instant real estate.

On December 30, 2015, the Defendant sent a content-certified mail (hereinafter “content-certified mail of this case”) to the maximum extent possible if the Defendant gives time to move within the time, because the place to be transferred to the Plaintiff is in physical color.

On January 11, 2016, the Plaintiff completed the payment to the Defendant for the land owner, and was scheduled to commence business on January 201, 2016, and sent content-certified mail requesting the transfer by January 31, 2016, and the said mail was served on the Defendant on January 12, 2016.

E. Meanwhile, around August 20, 2015, the Defendant paid 8,40,000 won per year of the monthly rent of KRW 1.7 million (=7 million x 12 months) to C. By February 23, 2016, the Defendant paid 100,000 per month to C as rent. From March 2016 to August 2016, the Plaintiff deposited 1,000 won per month with the Plaintiff as the principal deposit.

on March 24, 2016, Busan District Court No. 1999, April 28, 2016, Busan District Court No. 2712, 2016, May 20, 2016