1. The defendant received KRW 28 million from the plaintiff and simultaneously received the payment from the plaintiff, the first floor among the real estate stated in the attached Form 64.

1. Facts of recognition;

A. On June 30, 2007, the Defendant leased 64.99 square meters of the first floor (hereinafter “the leased object of this case”) among the real estate indicated in the attached Form from the Plaintiff, and thereafter, operated a restaurant in the name of “C”. On April 30, 2015, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff on April 30, 2015 with the lease deposit amount of KRW 28 million, the rental fee of KRW 1450,000, the rental fee of KRW 1450,000, and the lease period of 24 months.

B. On January 16, 2017, the Plaintiff notified the Defendant of his/her intent to refuse to renew the said lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the facts of the determination on the cause of the claim, the instant lease agreement was terminated on April 30, 2017, and thus, the Defendant is obligated to deliver the leased object of this case to the Plaintiff at the same time with the payment of KRW 28 million from the Plaintiff upon the Plaintiff’s request by the Plaintiff.

B. As to the Defendant’s assertion on the claim for the right to purchase the attached object and its determination, the Defendant first set up, at the Defendant’s expense, a main outlet in an amount equivalent to KRW 7.8 million on the leased object, and performed a construction work to replace the underground gas pipeline in an amount of KRW 8 million on the leased object. The aforementioned main outlet and gas pipeline are attached to the instant leased object, which gives objective convenience to the use of the leased object. The instant lease agreement was concluded on the premise that the leased object was used for restaurant business purposes among the leased object, and it was concluded on the premise that the leased object was used for the instant leased object, and six years have passed since its execution, and thus, the Plaintiff consented to the said construction work.

Therefore, it is impossible to comply with the plaintiff's request because it has the right to purchase accessories on the above kitchen and gas pipeline parts.