1. The Plaintiff:

A. Defendant B shall deliver 104.41 square meters of three floors and 101.54 square meters of four floors among the real estate listed in the attached list, and Defendant B shall be 5,000 square meters.

1. Facts of recognition;

A. On January 24, 2014, the Plaintiff leased the lease deposit amount of KRW 35,000,000 for the period of 24 months from March 28, 2014, with the third floor of KRW 104.41 square meters and 101.54 square meters on the fourth floor (hereinafter “instant real estate”), among the real estate listed in the attached Table, to Defendant B.

B. Defendant B did not pay the rent after November 2014, and thus, Defendant B did not pay the rent amounting to KRW 40,000,000 for a total of 20 months as of June 28, 2016.

C. Defendant B, without the Plaintiff’s consent, sub-leaseed the fourth floor of the instant real estate to Defendant C with the fourth floor of 101.54 square meters. Defendant C currently occupies the fourth floor.

On June 22, 2015, the Plaintiff sent to Defendant B a notice to the effect that the instant lease contract is terminated on the grounds of overdue rent, overdue rent, and without permission for the leased object, and the said notice reached Defendant B around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. According to the facts of the determination on the cause of the claim, the instant lease agreement was lawfully terminated upon Defendant B’s failure to pay rent and the Plaintiff’s declaration of termination after the unauthorized transfer of rent to the said Defendant.

Therefore, Defendant B is obligated to deliver the instant real estate to the Plaintiff, and is obligated to pay to the Plaintiff unjust enrichment at the rate of KRW 5,000,000 (the amount obtained by deducting KRW 35,00,000 from the delayed rent of KRW 40,000) and the deposit for lease from June 29, 2016 to the completion date of delivery of the said real estate.

(A) The Plaintiff is obligated to deliver the amount of KRW 1,01.54 square meters out of the instant real estate to the Plaintiff as an illegal occupant, while the Plaintiff is also seeking payment of KRW 1,013,740,00. However, there is no proof as to the legal basis for filing the claim. Therefore, this part of the Plaintiff’s claim is without merit.)

B. On Defendant B’s defense