1. The judgment of the court of first instance is modified as follows.

The defendant delivers to the plaintiff the building indicated in the attached list.

1. Facts of recognition;

A. On February 1, 2016, the Plaintiff leased a building listed in the attached list (hereinafter “instant building”) to the Defendant, without a deposit for lease, at the monthly rent of KRW 700,000,000,000 from February 1, 2016 to January 31, 2017, and at the first day of each month from the rent date (hereinafter “instant lease agreement”).

B. From February 1, 2016, the Defendant occupied and used the instant building, and the instant lease agreement was renewed after the expiration of the period. Since January 1, 2017, the Plaintiff did not pay rent from January 1, 2017, and the Plaintiff notified the termination of the instant lease agreement by serving a duplicate of the instant complaint on the Defendant on the ground that the Plaintiff did not pay rent for more than two years.

C. The Plaintiff filed a lawsuit against the Defendant seeking delivery of the instant building and payment of unpaid rent on the ground of the termination of the instant lease agreement, and completed the delivery execution of the instant building by Seoul Central District Court Decision 2017No3890, Oct. 19, 2017, following the first instance judgment citing all the above claims of the Plaintiff.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including virtual numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts as to the claim for delivery of a building, the instant lease agreement was lawfully terminated on August 9, 2017 by delivering a copy of the complaint of this case containing the Plaintiff’s declaration of termination on the grounds of the Defendant’s delinquency in paying two or more rents, barring any special circumstance, the Defendant is obligated to deliver the building of this case to the Plaintiff, barring any special circumstance.

The effect of execution based on a judgment with a declaration of provisional execution is not fixed, but on the condition of cancellation of the declaration of provisional execution or cancellation of the judgment on the merits in the later instance. In case where the creditor obtains satisfaction by the completion of execution on the basis of a declaration of provisional execution, it shall be decided on the merits in the appellate instance.