1. A claim for the delivery of a store and a claim for monetary payment from the judgment of the court of first instance, including the plaintiff's claim changed in the trial.

1. Basic facts

A. The Plaintiffs, as married couple, share the real estate listed in the separate sheet No. 1 (hereinafter “instant building”) in 1/2 shares.

B. On September 1, 2016, the Plaintiffs concluded a lease agreement with the Defendant with the terms that the instant store is leased KRW 10 million, KRW 1.3 million per month, KRW 1.3 million per month, and the term of lease from September 1, 2016 to August 30, 2018.

C. According to the instant lease agreement, the Defendant paid the Plaintiffs KRW 10 million as lease deposit, and operated the d'D's mutually specialized store at the instant store.

From July 1, 2017, the Defendant did not pay rent to the Plaintiffs, and on September 4, 2017, the Plaintiffs sent to the Defendant a certificate of content that the instant lease agreement was terminated on the grounds of three or more times of delinquency in rent, and the said certificate of content reaches the Defendant on September 5, 2017.

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

2. Determination as to the request for extradition

A. According to the facts of the judgment on the grounds of the claim, the instant lease agreement was terminated on September 5, 2017 on the grounds of the Defendant’s delinquency of rent for at least three (3) years, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant store to the Plaintiffs.

B. (1) The Defendant’s assertion on the simultaneous performance defense (1) was conducted at the instant store only until November 30, 2017 after the termination of the instant lease agreement, and thereafter, did not use and profit from the instant store. Accordingly, the Defendant’s claim for extradition is accepted before receiving 2.85 million won (the amount obtained by deducting the sum of KRW 7.15 million, which was the rent or unjust enrichment from July 1, 2017, which was the amount equivalent to the rent or unjust enrichment from November 30, 2017, the Defendant’s delayed payment of rent from July 1, 2017 to November 30, 2017) from the Plaintiffs.