1. The defendant shall be the plaintiff.

(a) deliver the fourth floor of 199.41 square meters among the buildings listed in the attached list;

(b) 3 million won and this;

1. Basic facts

A. On May 12, 2015, the Plaintiff, as the owner of the building indicated in the attached list, leased to Nonparty C the fourth floor of 199.41 square meters of the building indicated in the attached list (hereinafter “instant building”) with a lease deposit of KRW 20 million, monthly rent of KRW 2.3 million (excluding value-added tax), monthly rent of KRW 420,000,000, monthly rent of KRW 2.3 million, and the term of lease from June 20, 2015 to June 19, 2017.

B. C operates general restaurants (main points) in the name of “D” in the instant building.

On October 13, 2016, without the plaintiff's consent, sub-leases to the defendant under the same conditions as the lease contract with the plaintiff.

C. From November 2016, the Defendant began operating the instant building with the trade name “D”, and the lease agreement with the Plaintiff and C was terminated on January 20, 2017.

Although the Plaintiff intended to execute the instant building on January 12, 2017 upon receiving a provisional injunction against the transfer of possession against C, it was impossible to execute the instant building in the possession of the Defendant.

E. On March 20, 2017, the Defendant wired KRW 14.7 million out of the deposit for lease to the Plaintiff’s account, and discontinued its business without having installed facilities and equipment from July 2017 to June 26, 2017.

F. The instant building was cut off at the end of July 2017 with the Defendant’s unpaid management expenses.

[Ground of recognition] The fact-finding without dispute, Gap 1 through 9's statements (including additional numbers), lot cards corporation, Hyundai Card corporation, Hyundai Card corporation, Sch Card corporation, Samsung Card corporation, Samsung Card corporation, and K non-national card corporation's fact-finding results, the purport of the whole pleadings, as a whole.

2. The parties' assertion

A. The Plaintiff asserted that, from January 20, 2017, the lease agreement with the Defendant and the former lessee C was terminated, the Plaintiff agreed to lease on the same condition as C’s lease agreement with the Defendant.

However, the Defendant only remitted KRW 14.7 million on March 20, 2017, but did not pay the monthly rent and the management fee agreed with the monthly rent on at least two occasions, and the Defendant terminates on the ground of the delinquency in rent at least two occasions.

The defendant is not the defendant.