1. The defendant shall deliver to the plaintiff the Gangnam-gu Seoul Metropolitan Government C Awards No. 409, No. 84.045 square meters of the fourth floor.

2. The defendant shall be the plaintiff.

1. Facts of recognition;

A. On March 31, 2014, the Plaintiff purchased a lease deposit of KRW 30 million, monthly rent of KRW 320,000 (value-added tax separate, payment date after October 15, 2012), between the Defendant and the former lessee of the instant store, the Gangnam-gu Seoul store purchased KRW 409, 84.045 square meters (hereinafter “instant store”). On July 7, 2014, the Plaintiff drafted a lease agreement of KRW 30,000,000 for the instant store from October 15, 2012.

According to Article 4 of the above contract, when the lessee has failed to pay the rent more than twice, the lessor may terminate the contract.

B. The Defendant filed a lawsuit seeking the delivery of the instant store on the ground that: (a) the portion in September 2014; (b) the portion in October 2014; (c) the portion in December 2014; and (d) the portion in February 2015; (b) the portion in March 2015; (c) the portion in April 2016; (d) the portion in September 2016; (e) the portion in April 4, 2017; (e) the portion in October 2017; (d) the monthly rent in November 2017; (e) the portion in September 201; and (e) the portion in September 2018; and (e) the Plaintiff filed a lawsuit seeking the delivery of the instant store in arrears at least twice in accordance with Article 4 of the aforementioned Agreement on May 5, 2018.

(No. 117013 of this Court).

In the instant lawsuit pending, the Defendant repaid to the Plaintiff KRW 10 million on April 30, 2018, and KRW 7520,000 on May 31, 2018. As of June 15, 2018, the unpaid monthly rent is KRW 56,340,00 (=i.e., KRW 16 months x KRW 3.520,00) minus KRW 17,520,00.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 3, entry of Eul evidence 1, purport of whole pleadings]

2. Determination as to the cause of action

A. According to the above facts, the instant lease agreement was lawfully terminated and terminated upon delivery to the Defendant on May 31, 2018 on the grounds of the Defendant’s delinquency in monthly rent (2018dada 117013). The Defendant delivered the instant store to the Plaintiff, and deducted the deposit amount of KRW 30 million from the unpaid monthly rent of KRW 3882,00,000, and the said store from June 16, 2018.