1. The Defendant also owns the attached building among the 424.97 square meters of the 1st floor store of the real estate indicated in the attached Table to the Plaintiff.

1. Basic facts

A. On July 3, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease KRW 40 million with the instant store from July 3, 2017 to July 3, 2020, and KRW 2.2 million per month from rent (hereinafter “instant lease agreement”).

B. After entering into the instant lease agreement, the Defendant paid the Plaintiff the amount equivalent to the rent up to May 3, 2018, when operating the head office with the trade name “C” at the instant store.

In addition, the defendant alleged that he paid KRW 2,420,00 to the plaintiff on June 8, 2018, but did not submit any data to support the payment.

[Reasons for Recognition] Evidence No. 2, Evidence No. 8-1, and 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant did not pay the lease deposit stipulated in the instant lease agreement.

On July 12, 2017, the Plaintiff notified the Defendant of the invalidation of the contract on the ground that the lease deposit was not paid, thereby cancelling the instant lease contract.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff by restitution and pay the rent to the Plaintiff by unjust enrichment until the delivery is completed.

B. The defendant's assertion that he obtained the consent of the plaintiff, paid the lease deposit to D who is the former lessee, and continued to pay the lease deposit. Therefore, the plaintiff's claim cannot be complied with.

3. Determination

A. In fact, E, who leased the instant store to the Plaintiff on May 27, 2015, entered into a lease agreement with F and the instant store at KRW 40 million, the lease term from June 15, 2015 to June 14, 2017; 2) on June 10, 2015, the Plaintiff entered into a lease agreement with F and the instant store at KRW 40 million and the instant store at KRW 24 months from July 1, 2015, and 180,000 from July 1, 2015, and the lessee’s name was as G.

The above lease contract.