1. The plaintiff's claim against the primary defendant is dismissed.

2. Preliminary Defendant: the Plaintiff

(a) the annexed list;

1. Facts of recognition;

A. On January 14, 201, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), entered into a lease agreement with the preliminary Defendant, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 198,000 (including value-added tax, the last day of each month), and the lease term of KRW 20,000 (including value-added tax, the last day of each month), from January 20, 2011 to January 19, 2013 (hereinafter “instant lease agreement”). The lease agreement on the instant contract was prepared in the primary Defendant’s name, the primary Defendant’s spouse, at the preliminary Defendant’s request.

B. Around that time, the conjunctive Defendant paid a lease deposit to the Plaintiff and started to run a singing room with the delivery of the instant real estate. The instant lease was renewed thereafter.

C. Since January 1, 2015, the Plaintiff was not paid a monthly rent under the instant lease agreement (pre-paid Defendant did not accept the claim that he/she paid a monthly rent after January 1, 2015, but did not accept the claim that he/she paid a monthly rent for three months since January 1, 2015). For this reason, the Plaintiff filed the instant lawsuit with the purport to terminate the said lease agreement and seek to deliver the instant real estate, and the said warden was served on the primary Defendant on October 19, 2015, and on July 13, 2016, respectively.

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

2. Assertion and determination

A. The gist of the Plaintiff’s assertion is as follows: (a) the instant lease agreement was terminated on the ground of unpaid rent; (b) the primary Defendant, the title holder of the instant lease agreement, is primarily obligated to deliver the instant real estate to the Plaintiff and pay the unpaid rent or rent-to-rent unjust enrichment to the Plaintiff.

B. The actor who entered into a contract shall be deemed to have done a legal act in the name of another person.