1. The defendant shall receive KRW 150,000,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

1. Basic facts

A. On April 22, 2011, C entered into a lease agreement with D (hereinafter “D”) on the real estate listed in the separate sheet (hereinafter “instant real estate”), with respect to which KRW 100 million for lease deposit, KRW 6,000 for monthly rent, and KRW 5,000 for the lease term from May 5, 201 to May 4, 2016, and operated the “E” restaurant in the instant real estate.

B. On December 18, 2013, the Defendant acquired a lease agreement between C and C, a restaurant of the instant real estate, and entered into a contract to transfer the right to acquire the facility and premium in KRW 320,000,000.

C. After January 13, 2014, the Defendant entered into a new lease agreement (hereinafter “instant lease agreement”) with D with the same condition as to the instant real estate and with the purport of raising the lease deposit at KRW 150,000,000, and paid KRW 50,000 to D.

While the instant lease agreement was implicitly renewed, the Plaintiff succeeded to the lessor’s status as the owner who completed the registration of ownership transfer on October 4, 2018, and filed a lawsuit against the Defendant seeking the transfer of the instant real estate on November 14, 2018.

E. Meanwhile, the Defendant deposited the Plaintiff as the principal deposit on November 29, 2018, and KRW 13,200,000 as the monthly rent for November 2018, and KRW 13,20,00 as of February 14, 2019, on the ground that the Plaintiff refused to receive the rent, respectively.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination

A. The judgment on the cause of the claim becomes effective when one of the parties agrees to allow the other party to use or take profit from an object, and the other party agrees to pay rent for it.