1. The plaintiff's main claim is dismissed.

2. The defendant shall deliver to the plaintiff the building indicated in the attached list.

3...

1. Basic facts

A. On May 3, 2016, the Plaintiff and C concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) with respect to the instant building on the following terms:

Lease deposit: 120,000 won per month (after the 12th day of each month of payment): From May 3, 2016 to December 11, 2017 (19 months).

B. At the time of the instant lease agreement, the Plaintiff was a 1/2 equity right holder of the instant building. On January 17, 2018, the Plaintiff completed the registration of ownership transfer as to 1/2 of the instant building among the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. On the other hand, the Plaintiff’s assertion that the instant lease agreement has expired on December 11, 2017, and the Defendant is obligated to pay the Plaintiff the remainder after deducting unjust enrichment from the lease deposit at the rate of KRW 9.57 million from August 11, 2018 to the date the delivery is completed, at the same time, to deliver the instant building to the Plaintiff.

Preliminaryly, even if the instant lease agreement was renewed on December 11, 2017, the termination of December 11, 2018 expires. The Plaintiff’s refusal to renew any longer, and thus, the Defendant is obliged to deliver the instant building to the Plaintiff.

B. The Defendant’s assertion conflicts with the res judicata effect of the judgment in the Daegu District Court Decision 2017Da10869 Decided December 12, 2018 (hereinafter “former District Court Decision”), which was between the Plaintiff and the Defendant, and the Defendant lawful exercise of the right to request renewal of the contract, and the term of the instant lease was renewed until December 11, 2018, and again requires the renewal of the contract by delivery of a preparatory document as of July 25, 2018. As such, the instant lease contract is not terminated even if December 12, 2018.

C. Whether the judgment 1 conflicts with res judicata 1 is added to the statement in the evidence No. 1, the purport of the entire pleadings is as follows: ① The plaintiff in the previous suit is A, C, and B, and ② The main claim in the previous suit is.