A. A building indicated in the separate sheet simultaneously with receiving KRW 14,00,000 from the Plaintiff.

A. On August 22, 2017, the Plaintiff and the Defendant concluded a lease agreement with respect to the building listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) with the lease deposit of KRW 30 million, monthly rent of KRW 3 million (in addition, KRW 20,000,000 per month), and the lease term of KRW 24 months from October 20, 2017 to October 19, 2019 (hereinafter “instant lease agreement”).

B. In addition, when entering into the instant lease agreement, the Plaintiff and the Defendant agreed that if the delayed amount of rent for a lessee reaches three-year rent, or the lessee changes the use or structure of the real estate without the lessor’s consent, the lessor may immediately terminate the instant lease agreement, and due to the Defendant’s personal circumstances, the amount of KRW 10 million out of the lease deposit shall be paid up to April 20, 2018.

C. However, the Defendant did not pay the rent at all after the conclusion of the instant lease contract, and installed illegal temporary facilities on the instant building without the Plaintiff’s consent, and used the said building for any purpose other than the purpose of lease.

Accordingly, on December 26, 2017, the Plaintiff filed a lawsuit seeking delivery of the instant building and payment of overdue rent on the premise that the instant lease contract is terminated on the grounds of the Defendant’s installation of rent-free and illegal temporary materials. The Defendant was served with a duplicate of the instant complaint on January 8, 2018.

E. After receiving a copy of the complaint, the Defendant paid KRW 12 million to the Plaintiff as the unpaid rent, but did not pay KRW 10 million out of the lease deposit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, upon the Plaintiff’s filing of the instant lawsuit to the Defendant on the ground that the Plaintiff’s filing of the instant lawsuit on the grounds of the establishment, etc. of a rent-free and illegal provisional goods, the duplicate of the instant complaint reaches the Defendant on January 2018.