The judgment of the first instance court, including the claims added and expanded by this Court, shall be modified as follows:

A. The defendant.

1. Basic facts

A. On January 2, 2018, the Plaintiff operated the telecom with the trade name “C” in the instant building. On January 2, 2018, the Plaintiff leased the instant building to the Defendant with a deposit of KRW 100 million, KRW 3.5 million per month, and the lease term from January 2, 2018 to January 2, 2020 (hereinafter “instant lease agreement”). Under the said lease agreement, the Defendant paid the Plaintiff the lease deposit of KRW 100 million (hereinafter “the instant deposit”) to the Plaintiff, and operated the telecom with the name “C” upon delivery of the instant building from the Plaintiff.

B. On January 9, 2018, the Plaintiff completed the registration of the establishment of the right to lease on a deposit basis (hereinafter “registration of the right to lease on a deposit basis”) with the Changwon District Court No. 901 on the ground of the instant lease agreement regarding the instant building as to the Defendant, which was the registration of the establishment of the right to lease on a deposit basis (hereinafter “registration of the right to lease on a deposit basis”) from January 2, 2018 to January 2, 2020.

(c)

Since January 2, 2018, the Defendant paid only KRW 10,500,00 for three-month rent (=3,500,000 x three-month rent) to the Plaintiff, and did not pay it thereafter.

(d)

On December 14, 2018, the Defendant transferred the instant claim for the refund of the deposit to Nonparty D, and notified the Plaintiff on December 19, 2018.

E. On January 8, 2019, the Plaintiff sent to the Defendant a document certifying the content of the instant lease agreement, on the grounds of not less than two years of arrears, and the said content-certified mail reached the Defendant at that time.

F. On August 27, 2019, the Plaintiff was handed over the instant building by provisional execution based on the judgment of the first instance court of this case.

[Grounds for recognition] Gap evidence Nos. 1, 2, 3, 4, 18 (including various numbers), the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the Plaintiff’s instant lease agreement was terminated by the Defendant’s notice of termination due to the delay in rent, the Defendant delivered the instant building to the Plaintiff, and ② unpaid rent or rent.