On February 28, 2015, the Plaintiff entered into a lease agreement with the Defendant to lease the lease deposit amounting to KRW 20,000,000 for the lease deposit, KRW 1,870,000 for the rent month (payment in advance on March 16, 2015) and the term of the contract is 24 months from March 16, 2015 to March 15, 2017 (hereinafter “instant lease agreement”).

B. On October 26, 2019, the Plaintiff renewed the instant lease agreement and transferred the restaurant to a building owned by the Plaintiff, and the new lessee who wants to do a coffee shop in the instant building sought permission from the Defendant to the Defendant. On October 26, 2019, the Plaintiff received text messages from the Defendant, stating that “The president is a clean and good for our camping, but between two Koreas.”

Accordingly, the Plaintiff sent text messages to the Defendant that the new lessee would conclude a lease agreement, at the time of telephone, the date of the contract will be fixed.

C. The Plaintiff received KRW 25,00,000 as premium from a new lessee as premium, and received KRW 1,000,000 as a down payment. The Defendant agreed not to conclude a lease contract with a person who wishes to be a new lessee. Ultimately, the Plaintiff was unable to receive KRW 25,00,000 as premium, and the Plaintiff returned KRW 1,00,000,000 as the down payment of premium to a new lessee on October 30, 2019.

Since then, the Defendant filed a claim against the Plaintiff for the delivery of the instant building and the payment of overdue rent, etc. on the grounds of the overdue rent for at least two years under the instant lease agreement (the instant case, including the name of the building, etc. of this court) (the instant building). At the same time as the delivery of the instant building, KRW 20,000,000 shall be the lease deposit.