1. The Defendant shall deliver to the Plaintiff the entire underground floor (69.12 square meters, 61.69 square meters) among the buildings listed in the attached list, and on February 5, 2017.

1. Facts of recognition;

A. On October 30, 2015, the Plaintiff completed the registration of ownership transfer on the instant building.

B. On November 20, 2014, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with C, the former owner of the instant building, setting the deposit amount of KRW 5,000,000, monthly rent of KRW 400,000 (prepaid on December 5, 2014) and the lease term of KRW 24 months from December 5, 2014 to December 4, 2016, and thereafter, the Defendant is operating a public embankment in the instant building from around that time to December.

C. After completing the registration of ownership transfer on the instant building, the Plaintiff paid KRW 400,000 to the Plaintiff, respectively, on November 9, 2015, January 16, 2016, March 2, 2016, April 12, 2016, and May 9, 2016.

On June 11, 2016, the Plaintiff notified the Defendant that the lease contract was terminated on the ground that the Plaintiff was in arrears with the three-year period of arrears.

[Reasons for Recognition] 1, 2, 1, 1, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant agreed to pay the monthly rent of KRW 400,000 in advance on the fifth day of each month, and despite the fact that the Defendant paid KRW 400,000 each month from November 5, 2015 to June 11, 2016, only the five-term rent was paid, and on June 11, 2016, the Plaintiff, who succeeded to the instant lease, expressed his/her intent to terminate the lease contract to the Defendant on June 11, 2016, the instant lease contract was terminated on June 11, 2016.

In addition, the term of the instant lease agreement is up to December 4, 2016, and the contract term has expired.

Therefore, since the lease contract of this case is terminated upon termination or expiration of the period, the defendant is obligated to deliver the building of this case to the plaintiff.

B. The Defendant asserts that, as the monthly payment was made in advance, the Plaintiff did not delay the payment of the three-yearly rent at the time of notifying the termination of the lease agreement on June 11, 2016.

However, since the defendant agreed to pay the difference on the fifth day of each month, it is paid the difference on the fifth day of each month.