1. The defendants are jointly and severally handed over the real estate stated in the separate sheet from the plaintiff to the plaintiff 48.

1. Basic facts

A. On February 25, 199, Defendant C completed the registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant real estate”) on February 25, 199, and Defendant C, the spouse of Defendant C, completed the registration of ownership transfer on the instant real estate on June 7, 2005 due to the donation made on June 3, 2005.

B. On January 9, 2017, the Plaintiff entered into a lease agreement with Defendant B to lease the instant real estate with the term of KRW 50 million, monthly rent of KRW 2 million, and the term of lease from June 19, 2016 to December 19, 2018 (hereinafter “instant lease agreement”), and operated a restaurant with the trade name “D” from the instant real estate.

C. The Plaintiff agreed to deposit the monthly rent in the account under the instant lease agreement into the Defendant C’s account. From January 21, 2017 to December 4, 2019, the Plaintiff transferred the monthly rent of KRW 2 million to the account under the Defendant C’s name.

On October 29, 2019, the Plaintiff asked Defendant C to terminate the instant lease agreement as he/she was unable to operate a restaurant in the instant real estate, and responded to the purport that Defendant C would do his/her best.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. Determination as to the cause of action

A. Whether the instant lease contract is terminated or not is terminated, and its duration is implicitly renewed after the expiration of the period on December 19, 2018, and is up to December 19, 2019 pursuant to Article 10(4) of the Commercial Building Lease Protection Act. In light of the following circumstances, the Plaintiff prepared the instant lease agreement with Defendant C, the spouse of Defendant C, and the Plaintiff paid the following amounts to the Defendant C’s account at the time of concluding the instant lease agreement.