1. The Defendant shall deliver to the Plaintiff the building indicated in the attached real estate, and deliver the said building from October 1, 2015.

1. Facts of recognition;

A. On June 9, 2015, the Plaintiff, as the owner of the building indicated in the Disposition No. 1 (hereinafter “instant building”), leased the instant building to the Defendant with a deposit of KRW 30 million, monthly rent of KRW 4.5 million (including an additional tax) and the lease term of KRW 4.95 million (hereinafter “instant lease agreement”), and thereafter, received KRW 1,835,00 equivalent to the rent from June 9, 2015 to September 30, 2015 from the Defendant.

B. On July 7, 2016, the Plaintiff sent to the Defendant a certificate of content that states the termination of the instant lease agreement on the grounds of the Defendant’s unpaid rent, and the said certificate reaches the Defendant around that time.

C. The Defendant operates the restaurant in the instant building until the date of the closing of argument in the instant case, and uses and benefits from the said building.

[Grounds for recognition] The items of evidence Nos. 1, 3, and 5, and the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the instant lease agreement is deemed to have terminated upon the termination of the Plaintiff’s contract following the Defendant’s unpaid rent, and the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the unpaid rent or unjust enrichment equivalent to the rent from October 1, 2015 to the completion date of delivery of the instant building.

B. On November 18, 2013, the summary of the Defendant’s assertion 1, the Defendant leased the instant building from the former owner C of the instant building, and the Defendant performed purification work to use the instant building as restaurant, and the Plaintiff agreed to pay the construction cost to the Defendant upon termination of the said lease agreement.

As the Plaintiff purchased the instant building from C, the lease contract concluded between the Defendant and C was terminated, and the Defendant has the right to demand reimbursement of the cost of the septic tank construction amounting to KRW 17,30,000,00 for the necessary cost or beneficial cost, and the instant building shall be confined based on the said right to demand reimbursement.