1. The plaintiff's claim is dismissed.

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

Basic Facts

On December 8, 1997, the plaintiff completed the registration of ownership preservation on the real estate listed in the attached list.

On October 6, 2014, the Plaintiff entered into a lease agreement with the Defendant on the lease of 248.2 square meters (hereinafter “instant store”) among the real estate listed in the attached Table attached hereto, with the term of the lease deposit, KRW 20 million, monthly rent of KRW 1.5 million (excluding value-added tax), management fee of KRW 400,000 (excluding value-added tax), management fee of KRW 400,000,000 (excluding value-added tax), and the lease term of April 30, 2015 (hereinafter “instant agreement”), and around that time, delivered the instant store to the Defendant.

Article 6 (1): The defendant shall order the object of lease by the end of the lease contract.

In such cases, the goods taken over the existing facilities shall also be restored to their original state.

Paragraph 3 of Article 6: It means completing the rearrangement, restoration and cleaning of this paragraph, transferring the lessee's business registration of this building, and delivering the key to the Plaintiff after obtaining confirmation from the Plaintiff as to the removal and cleaning.

Article 7 (1) : Where the defendant does not know even after the termination of the lease contract, the defendant shall pay twice the sum of unjust enrichment equivalent to the rent and management expenses from the date of termination to the date of completion of life order.

Article 7(2): In the case of the preceding paragraph, the defendant shall be deemed to possess and use the leased object until the master's name is completed, and it cannot be asserted against the plaintiff seeking return of unjust enrichment on the ground that the person did not actually engage in the business.

The main contents of the instant contract are as follows.

On April 8, 2015, the Plaintiff and the Defendant agreed to the instant contract.

On April 10, 2015, the Plaintiff and the Defendant entered into a settlement agreement (hereinafter “instant settlement agreement”) as follows.

In other words, the Plaintiff’s monthly rent of KRW 1,00,000 for 8 months in arrears and management expenses for 11,007,400 for 5 months in arrears, out of KRW 20,00,000 to be refunded to the Defendant.