1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) from November 1, 2016 to the annexed list.

1. Facts of recognition;

A. On March 2, 2016, the Plaintiff, as the owner of the instant commercial building, entered into a lease agreement (hereinafter “instant agreement”) with C, setting the lease deposit of KRW 10,000,00, monthly rent of KRW 1,200,00 (value-added tax separate) and the lease term of KRW 3, 200,00 (value-added tax separate), from March 3, 2016 to August 31, 2017.

B. C, while occupying the instant commercial building together with the Defendant, did not pay monthly rent and management expenses for five months, and around October 13, 2016, C prepared a letter of commitment to waive the lease agreement with the Plaintiff stating that “The unpaid monthly rent and management expenses as of October 30, 2016 will be offset by the lease deposit amount of KRW 10,000,000 and present a letter of commitment to waive the lease agreement.”

C. The defendant continues to possess the commercial building of this case until the date of closing the argument of this case.

[Reasons for Recognition] Each entry and video of Nos. 1-5 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant occupied the instant commercial building without permission, and sought payment of the amount equivalent to the transfer and monthly rent and the management fee of the instant commercial building to the Defendant.

The defendant asserts that he is the actual party to the contract of this case, and only written the contract in C's name.

B. As seen earlier, the conclusion of the instant contract was made in the name C, and only the description of the evidence No. 1 is insufficient to deem the actual party to the instant contract as the Defendant differently from its name, and there is no other evidence to acknowledge this.

Therefore, since the Defendant occupied the instant commercial building without permission, it is obligated to deliver the instant commercial building to the Plaintiff and pay the amount calculated by the rate of KRW 1,320,000 per month, which is the amount equivalent to the rent from November 1, 2016 to the completion date of delivery of the commercial building.

The plaintiff also sought payment of the amount equivalent to the above management fee to the defendant on the ground that the management fee of the commercial building of this case is an average of 270,000 won per month.

(b).