1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The fact that there is no dispute between the parties concerned, and according to Gap evidence No. 1, as to the real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff entered into a lease agreement with the Defendant on July 24, 2015 by setting the lease deposit amount of KRW 70,000,000, monthly rent of KRW 3,300,000 (prepaid payment on August 1, 201), and the lease period of KRW 3,300,000, from August 1, 2015 to July 31, 2020 (hereinafter “instant lease agreement”). It is recognized that the Defendant, upon delivery of the said real estate, entered into a restaurant business at a place.

2. Judgment on the ground of the Plaintiff’s claim

A. On November 24, 2016, the Plaintiff’s assertion was rejected by the Defendant for the third time. On November 24, 2016, the Plaintiff executed a provisional disposition prohibiting the transfer of possession of the instant real estate, or expressed the intent to terminate the contract by serving a duplicate of the instant complaint. Accordingly, the instant lease contract was terminated at that time.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay unjust enrichment equivalent to the rent after the termination date of the contract.

B. According to the Defendant’s statement of Gap evidence Nos. 5-1, 2, and 1-1 through 4 of evidence Nos. 5-1, 2, and 1-4, the Defendant paid the Plaintiff the following table “payment date” and “payment amount” as indicated below.

Serial 1.3,630,00 on September 1, 201, 201. 3, 630,00 on September 5, 2015; 3,630,00 on October 6, 2015; 4. 3,630,00 on December 15, 2015; 1.63,630,00 on June 3, 2016; 1.63,00 on June 1, 2016; 1.63,00 on June 3, 2016; 1.63,00 on June 3, 2016; 1.6.0 on June 3, 2016; 1.6.0 on June 3, 2016, 200 on June 3, 2016;