1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The Plaintiff’s assertion is the owner of 162.8 square meters on the instant building, in the order of priority between the Plaintiff and the Defendant on May 1, 2013, the lease deposit amount of KRW 30,00,00, KRW 1,000, monthly rent of KRW 1,00,000, and KRW 1,00,00,000, and KRW 1,000,000,00 from May 30, 2013 to May 30, 2017, and KRW 1,000,000,000, and KRW 1,000,00,000, and the period of lease from May 30, 2013 to May 30, 2017.

A) The instant lease agreement was concluded, and the term of lease extended by May 31, 2017, upon implied renewal on May 31, 2017. The Defendant, without the Plaintiff’s consent, destroyed a building by remodeling the instant building into a lodging establishment. As such, Article 3 of the instant lease agreement (a lessee may not change the purpose or structure of the said real estate without the lessor’s consent).

)Paragraph 3 (in principle, the original form of this building shall be preserved) of the special agreement and the special agreement.

Since the Defendant violated the above, the instant lease contract is terminated by serving a duplicate of the complaint of this case on the grounds of the Defendant’s default.

Therefore, the Defendant is obliged to deliver the instant land and buildings to the Plaintiff at the same time with the remainder of money obtained by deducting unjust enrichment from KRW 30,000,000 to KRW 1,000 per month from February 1, 2018 and from KRW 30,000 to the completion date of delivery of the instant land and buildings.

B. The Defendant’s assertion that the lease agreement between the Plaintiff and the Defendant was concluded on May 1, 2013 is terminated by agreement between the Plaintiff and the Defendant, and the Plaintiff concluded a lease agreement with Nonparty D and E on May 10, 2013, and thus, the instant claim against the Defendant on the premise that the lease agreement on May 1, 2013 is valid is without merit.

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