2. In accordance with the Plaintiff’s incidental appeal, a claim extended by this Court shall include a claim extended by this Court.

A. On August 22, 2017, the Plaintiff entered into a lease agreement with the Defendant for the land and buildings listed in paragraphs 1 and 2 of the attached Table No. 1 (hereinafter referred to as “instant real estate”) owned by the Plaintiff (hereinafter referred to as “instant lease agreement”) between the Defendant and the Plaintiff, with regard to deposit money of KRW 30 million, monthly rent of KRW 3.6 million, and the lease agreement between September 1, 2017 and September 1, 2019 (hereinafter referred to as “instant lease agreement”).

B. After entering into the instant lease agreement with the Defendant, the Plaintiff installed 245 square meters in the part (A) of the ship that connects each point of the attached Form No. 1,2, 3, 4, 5, 6, and 1 in sequence at the Defendant’s request, and the Defendant currently uses it for the use of the workplace, warehouse, etc.

C. However, the Defendant did not pay the Plaintiff the rent from the day after the conclusion of the lease contract to the day.

The Plaintiff notified the Defendant of his/her intention to terminate the instant lease agreement on the ground that the Plaintiff was in arrears with the delivery of a duplicate of the complaint of this case, and the Defendant received on January 18, 2018 a duplicate of the complaint of this case containing an expression of intent to terminate the instant lease agreement.

E. Meanwhile, each of the instant real estate was delivered to the Plaintiff on September 6, 2018 as provisional execution according to the judgment of the first instance court of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3 and 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found above, the instant lease agreement was duly terminated and terminated on January 18, 2018, where the Defendant had delivered to the Defendant a declaration of intent to terminate the said agreement on the grounds that the Defendant was in arrears with two or more different occasions of arrears.

Therefore, the Defendant should deliver the instant real estate to the Plaintiff, and deliver to the Plaintiff the part (A) part of the ship (a) which was connected in sequence with each point of 1,2,3,4,5,6, and 1, as a result of the termination of the lease contract, to the original state.

The provisional execution of the instant case based on the first instance judgment is a provisional execution.