A. On March 28, 2016, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), entered into a lease agreement (hereinafter “instant lease agreement”) with C, setting the lease deposit amount of KRW 800,000,000 with respect to the instant real estate, from March 28, 2016 to March 27, 2018.

B. On October 24, 2016, the Plaintiff prepared a protocol of compromise containing that “C shall receive KRW 800,000,000 from the Plaintiff on March 27, 2018, and deliver the instant real estate to the Plaintiff at the same time,” by filing an application with the Seoul Central District Court No. 2016, Jan. 27, 2016.”

C. Meanwhile, on September 18, 2017, C entered into a sub-lease contract with the Defendant, without the Plaintiff’s consent, at KRW 10,000,00 for lease deposit for the portion of 35 square meters in the ship (hereinafter “instant store”) connected each point of the attached Table 1, 2, 3, 4, 5, 6, and 1 among the 416.19 square meters in the instant real estate 1st floor, with the Defendant, with the leased deposit at KRW 35 square meters in sequence. From September 18, 2017 to September 17, 2019, C entered into a sub-lease contract with the Defendant, setting the lease deposit at KRW 10,000 in the instant store as the monthly rent at KRW 600,00,00. From that time, the Defendant thereafter operated the instant store’s “D.”

Accordingly, on November 28, 2017, the Plaintiff notified C of the termination of the instant lease agreement on the ground of the sub-lease without permission. In addition, on November 28, 2017, the Defendant sent a mail verifying the content that the Defendant’s possession constitutes an illegal possession, and thus, the Defendant received it around that time, but continues to conduct business at the instant store until now.

[Ground for Recognition: Facts without dispute, Gap 1 through 4, each entry of Eul 1, and the purport of the whole pleadings]

2. The assertion and judgment

A. In determining the cause of the claim, the Defendant is obligated to deliver the instant store to the Plaintiff, the owner of the instant land, barring special circumstances, such as the existence of lawful possessory right holder.

B. The defendant.