1. Defendant B:

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

(b) pay 35 million won and c.

1. Basic facts

A. On November 1, 2006, the Plaintiff leased the real estate indicated in the attached list (hereinafter “instant real estate”) to Defendant D, who is engaged in freezing facility business, without setting the lease deposit amount of KRW 5 million, monthly rent of KRW 500,000,000, monthly rent of KRW 500,000, and the lease period.

(hereinafter “instant lease agreement”). However, the Plaintiff and Defendant B did not separately prepare a lease agreement.

B. After entering into the instant lease agreement, Defendant B paid KRW 5 million as the lease deposit, and the Plaintiff received delivery of the instant real estate from the Plaintiff and kept freezing and secondary materials.

Defendant B paid that it was monthly rent to the Plaintiff using the Defendant C’s account, the wife.

C. From September 2009 to the date of the closing of the instant argument, Defendant B did not pay the monthly rent as from September 2009, and until now, Defendant B kept the instant real estate by piling up the goods owned by Defendant B.

On October 29, 2015, the Plaintiff urged the Defendants to pay the monthly rent several occasions, and around October 29, 2015, the Plaintiff sent to the Defendants a certificate of content that “the Defendants would pay the monthly rent that is rapidly sealed, and would terminate the lease contract (the delivery of the building) in the event of nonperformance.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including virtual number), the purport of the whole pleadings

2. Determination:

A. According to the facts of the above recognition of the claim against Defendant B, the instant lease agreement was lawfully terminated upon delivery to Defendant B of a copy of the complaint seeking delivery of the instant real estate and payment of unpaid monthly rent on the ground that Defendant B was not paid at least two months from September 2009.

Therefore, Defendant B transferred the instant real estate to the Plaintiff following the termination of the lease agreement, and the monthly rent of KRW 40.5 million (i.e., KRW 5 million x 81 months) enclosed from September 2009 to May 2016, and the remainder of KRW 3.5 million remaining after deducting five million from the lease deposit that the Plaintiff should pay to the Defendant B.