1. The Defendant, from September 21, 2016, removed and delivered the following ground objects and land from the Plaintiff’s KRW 30,000,000.

1. Facts of recognition;

A. On January 27, 2004, the Plaintiff, a non-corporate body established for the purpose of the protection, etc. of the king (hereinafter “instant real estate”) leased the instant real estate to the Defendant on a lease of 557.6 square meters in Kimhae-si, Kim Jong-si (hereinafter “instant real estate”).

Since then, the lease contract between the Plaintiff and the Defendant regarding the instant real estate has been renewed several times, and the lease contract between the Plaintiff and the Defendant was concluded on January 20, 2015, with a deposit of KRW 30,000,000, monthly rent of KRW 1,000,000, and the lease contract between the Plaintiff and the Defendant for 12 months during the lease period (hereinafter “instant lease contract”).

B. The Defendant paid a security deposit to the Plaintiff, and operated “FSB” on the ground of the building adjacent to the instant real estate in Kimhae-si, while installing a container with a boundary line affixed to the instant real estate and installing a container with a boundary line (hereinafter the above ice package, boundary stone, and container collectively referred to as “the instant ground object”). The instant real estate was used as a parking lot for business or shooting.

C. On December 17, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and notified the Defendant that the instant real estate should be restored to its original state by January 20, 2016, which was the expiration date of the lease agreement, but the Defendant has occupied and used the instant real estate until now.

On the other hand, the defendant paid the rent to the plaintiff by August 20, 2016, but did not pay the rent thereafter.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, Eul's 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above fact-finding on the cause of the claim, the instant lease agreement was terminated on January 20, 2016, and thus, barring any special circumstance, the Defendant is obligated to remove the instant ground and deliver the instant real estate to the Plaintiff, barring any special circumstance.

However, the plaintiff's obligation to return the deposit, the defendant's obligation to remove and deliver it simultaneously, and the deposit received from the real estate lease is the rent obligation.