1. The defendant shall receive KRW 89,500,000 from the plaintiff, and at the same time, shall be the building stated in the attached list to the plaintiff.

1. Basic facts

A. On July 1, 200, the Defendant: (a) leased a building listed in the [Attachment List (hereinafter “instant building”) with a deposit of KRW 30 million, monthly rent of KRW 1.5 million (hereinafter “instant lease”); and (b) is running a restaurant business in the name of “C” from that date to that date.

B. The Plaintiff’s wife succeeded to the lessor’s status under the instant lease agreement while purchasing the instant building from E on July 11, 2008.

C. On January 22, 2010, the Plaintiff succeeded to the lessor’s status under the instant lease agreement while accepting inheritance of the instant building from D who died.

On November 1, 2018, a copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement without a fixed period was terminated on May 1, 2019, when six months from November 1, 2018, when the duplicate of the complaint of this case, which contained the Plaintiff’s declaration of intent to terminate the instant lease agreement, reaches the Defendant.

(See Article 635 (2) 1 of the Civil Act). (See Article 635 (2) 1 of the Commercial Building Lease Protection Act.) Since the lease contract of this case was concluded before November 1, 2002, which was enacted and enforced by the Commercial Building Lease Protection Act, provisions other than Articles 3 (Counter-performance, etc.), 5 (Recovery of Deposit), and 14 (Protection of Specified Amount of Deposit) of the above Act do not apply

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, barring special circumstances.

3. Judgment on the defendant's defense, etc.

A. On April 1, 2017, the Defendant concluded that the instant building was leased between the Plaintiff and the Plaintiff by determining the deposit amount of KRW 89.5 million, monthly rent of KRW 750,000,000 from April 1, 2017 to March 31, 2019.