1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From May 8, 2019, the above real estate.

1. Basic facts

A. On May 13, 2013, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff, the lessee, the Defendant, the lease deposit amount of KRW 10 million, the rent amount of KRW 800,000,000 per month (payment on May 12, 201), and the lease term from May 7, 2013 to May 6, 2014, and the Plaintiff and the Defendant have extended each year.

B. On May 7, 2018, the Plaintiff entered into a lease agreement between the Defendant and the instant store with the amount of KRW 10 million (excluding value-added tax), KRW 100,000 per month (excluding value-added tax), and the term of lease from May 7, 2018 to May 7, 2019 (hereinafter “instant lease agreement”).

C. On October 18, 2018, the Plaintiff sent to the Defendant a certificate that the instant lease contract expired on May 7, 2019, and that the Plaintiff is not a re-contract as the Plaintiff uses the instant store as an office.

[Ground for recognition - Unsatisfy, entry of Gap evidence 2 through 4, purport of whole pleadings]

2. Determination

A. Unless there are special circumstances to determine the cause of the claim, the instant lease contract was terminated on May 7, 2019 due to the expiration of the period of validity, and thus, the Defendant shall deliver the instant store to the Plaintiff, and return to the Plaintiff the amount equivalent to KRW 1.1 million per month from May 8, 2019 to the delivery date of the instant store as unjust enrichment.

B. On May 7, 2018, the Plaintiff and the Defendant asserted that the lease agreement existed (A) and raised that the lease agreement between the Plaintiff and the Defendant was set aside on May 7, 2018, in excess of the upper limit stipulated in the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”). As such, the lease agreement between the Plaintiff and the Defendant began anew on May 7, 2018.

Since the Commercial Building Lease Protection Act amended on October 16, 2018 sets the whole term of lease of ten years, the lease contract in this case should continue until May 7, 2027.

B. We examine the judgment, 1. The plaintiff.