1. The defendant shall be the plaintiff.

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

B. From February 4, 2018, the foregoing paragraph (a) is described.

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On December 4, 2017, the Plaintiff leased the instant real estate to the Defendant with a lease deposit of KRW 60 million, monthly rent of KRW 4.2 million (excluding advance payment and value added tax), and two years for lease.

(hereinafter “instant lease”). Management expenses were borne by the Defendant.

C. The Defendant is operating a restaurant from the instant real estate.

From December 4, 2017 to April 26, 2018, the Defendant remitted total of KRW 69,79,030 to the Plaintiff.

The Plaintiff appropriated 62,240,930 of the money to the security deposit and management expenses, and appropriated 7,558,100 of the remainder for the rent for December 2017 and the rent for January 2018.

E. The Plaintiff expressed his intent to terminate the instant lease agreement on the grounds that the instant complaint was unpaid.

On June 28, 2018, the warden was served on the defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 4 and 5, the purport of the whole pleadings

2. Determination

(a) If the annual rent of a lessee of a commercial building reaches the three-year rent in determination as to the cause of the claim, the lessor may terminate the contract;

(Article 10-8 of the Commercial Building Lease Protection Act). According to the above facts, the rent for January 2018 did not fully be paid to the Plaintiff, and the rent for a period of three years or more until the declaration of intention to terminate the lease reaches the Defendant.

The instant lease contract was terminated on June 28, 2018 by the Plaintiff’s declaration of intent.

The Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay rent calculated at the rate of KRW 4.2 million per month from February 4, 2018, which was the date of the payment of rent for February 2018, as the Plaintiff seeks, to the date of completion of the delivery of the instant real estate, or unjust enrichment using the instant real estate without title.

(b) defenses;