1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The plaintiff's remaining claims are dismissed.

3...

1. Basic facts

A. On August 26, 2015, the Defendant leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Plaintiff in KRW 25,000,00 from the lease deposit to operate the clothing retail business of “C” in the instant real estate, and changed the type of business into a retail business, such as handbags, and changed the type of business into a store.

B. Since then, the Plaintiff agreed to deduct the rent of KRW 5,400,000 in arrears from the above lease deposit. On October 1, 2017, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant real estate from KRW 19,60,000 (including value-added tax, KRW 25,000,000 in arrears - KRW 5,400 in arrears - KRW 5,000 in arrears; hereinafter “the instant lease deposit”), monthly rent of KRW 1,320,00 (including value-added tax, KRW 30,00 in each month), and the lease period from October 1, 2017 to September 30, 2019.

C. The Defendant did not pay the rent for at least three months from November 1, 2017, and the Plaintiff did not adjust the full amount of the rent in arrears to the Defendant by September 15, 2018, around August 31, 2018, the instant lease agreement is terminated without separate notice.

“Service by content-certified mail” was sent to the Defendant on September 28, 2018, and a duplicate of the complaint of this case containing the Plaintiff’s expression of intent to terminate the instant lease agreement was sent to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. 1) According to the facts of the determination on the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated and terminated on September 28, 2018 by delivering a copy of the complaint of this case. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance. 2) As to the determination on the Defendant’s assertion, the Defendant is obliged to transfer the instant real estate to the Plaintiff, and the Defendant operates a business by changing the type of business from August 2015 to three times from the instant real estate.