1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On May 8, 2015, the Plaintiff leased from the Defendant the first floor E (hereinafter “instant store”) of the Dobong-gu Seoul Metropolitan Government and D ground buildings with the lease deposit of KRW 30 million, monthly rent of KRW 1.8 million, and the lease term of KRW 8 million from May 8, 2015 to May 8, 2017 (hereinafter “the lease of this case”), and operated the connection professional store from that place with F.

B. On May 11, 2017, the Defendant filed a lawsuit with the Plaintiff seeking delivery of the instant store and return of unjust enrichment equivalent to the rent on the ground of the claim that the instant lease was terminated. In the instant case, a decision in lieu of conciliation containing the following: “The Plaintiff shall deliver the instant store to the Defendant by January 19, 2018, and shall pay the amount calculated by the rate of KRW 1.8 million per month from December 8, 2017 to the delivery date of the said store” (hereinafter “voluntary adjustment decision”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 2, 5, 8, 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion that the lease of this case terminated on January 19, 2018 according to the final and conclusive compulsory adjustment order.

On January 17, 2018, the Plaintiff concluded a premium contract of KRW 50 million with G to become a new lessee on January 17, 2018, and arranged to conclude a lease contract between G and the Defendant. However, even though the Defendant requested the increase of lease deposit and monthly rent and expressed his/her intent to accept it, the Defendant did not enter into a lease contract with G by failing to contact with the Plaintiff until January 19, 2018. This constitutes an act of refusing to enter into a lease contract with the Plaintiff, the lessee, without good cause, without any justifiable reason.