1. The defendant is paid KRW 15,000,000 from the plaintiff and at the same time, among the first floor of the building indicated in the attached Table to the plaintiff.

Facts of recognition

원고는 별지 목록 기재 건물(이하 ‘이 사건 건물’이라 한다)의 소유자인 주식회사 D(이하 ‘D’이라 한다)과 관리형 토지신탁계약을 체결한 수탁자이고, 피고는 이 사건 건물 1층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 차례로 연결한 선내 32.9㎡(이하 ‘이 사건 점포’라 한다)에서 ‘E’이라는 상호로 사업자등록을 하고 음식점을 운영하는 임차인이다.

On February 1, 2017, the Defendant: (a) leased the instant store and operated the restaurant; and (b) concluded a contract with F to lease the said store owned by F, G, and H with KRW 15,00,00,000 per lease deposit; (c) KRW 700,000 per rent month (excluding value-added tax); and (d) from February 26, 2017 to February 25, 2019, the said lease was implicitly renewed.

D After concluding a contract to purchase the instant building between F, G, and H on April 16, 2019, D completed the registration of ownership transfer on May 23, 2019.

D On May 22, 2019, between the Plaintiff and the Plaintiff, the ownership of the instant building site and an aggregate building to be constructed on the land in the future is entrusted to the Plaintiff. The Plaintiff entered into a management-type land trust contract (hereinafter “instant trust contract”) with the purport that the trust benefits acquired by selling the said land and aggregate building to a third party are to be granted to the priority beneficiary, and completed the registration of ownership transfer on May 23, 2019.

D On November 11, 2019, the Defendant had no intent to renew the instant lease agreement as “the redevelopment project (hereinafter “the instant redevelopment project”) that newly constructs a collective housing in the premises of the instant building (hereinafter “instant project”) was promoted. By February 25, 2020, the instant lease agreement was terminated, a document verifying that the instant store is ordered to be named until February 25, 2020.” (hereinafter “instant content certification”).