1. The defendant shall receive KRW 36,602,00 from the plaintiff, and at the same time, shall be attached to the real estate stated in the attached list to the plaintiff.

1. Facts of recognition;

A. On September 29, 2010, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant store”) to the Defendant as KRW 50,00,000,000 for deposit money, KRW 1,60,000 for the tea month (payment on the 20th of October), and the period from October 21, 2010 to October 20, 2012.

(hereinafter “instant lease agreement”). B.

At that time, the defendant paid the full amount of the lease deposit and received the delivery of the store of this case, and occupied and used the restaurant in the trade name of "C".

C. On October 21, 2013, the Plaintiff maintained the lease relationship by raising the rent of KRW 2,310,00 (including value-added tax) from October 21, 2013 through extension of the contract term, renewal of the contract, etc., and notified the Defendant of his refusal to renew the contract on July 20, 2015 before the lease period of the total of five years expires.

The Defendant occupied and used the instant store without paying the rent or the amount equivalent to the rent from October 21, 2015 to April 13, 2016.

[Grounds for recognition] Unsatisfy, Gap 1-4 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease contract of this case was terminated on October 20, 2015, the Defendant is obligated to deliver the Plaintiff the remainder of KRW 36,602,00,000 after deducting the rent of KRW 13,398,00 (=2,310,000 x 5 months) equivalent to the rent from October 21, 2015 to April 13, 2016, as the Plaintiff seeks, from KRW 50,000 to KRW 13,398,00) from October 21, 2015.

B. The Defendant requested the Plaintiff to cooperate with the Plaintiff to recover the premium before the end of the instant lease agreement, but the Plaintiff obstructed the Defendant’s collection of the premium by offering the lease deposit and rent at a much higher level than the market price, thereby causing damages equivalent to KRW 40,000,000 to the Defendant. Therefore, the Defendant along with the lease deposit.