1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From 10,064 won and September 9, 2018, the same shall apply.

1. Facts of recognition;

A. On July 27, 2017, the Plaintiff completed the registration of ownership transfer on the building located in the instant store, and the same year.

8. On the grounds of the trade name “D”, the Defendant, a lessee, who was engaged in the automobile maintenance business at the said store, concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) stipulated as follows: (a) deposit amounting to KRW 10 million; (b) KRW 1420,00 per month; (c) management expenses per month; and (d) KRW 30,000 per month; and (c) the lease period from August 30, 2017 to August 29, 2018.

B. As of August 29, 2018, the expiration date of the above lease, the Defendant delayed payment of KRW 9,52,000 in total for five months (=1,592,000 in value-added tax of KRW 142,00 in monthly rent of KRW 1,420,000 in value-added tax of KRW 142,00 in total (30,000 in value-added tax of KRW 142,00 in total) x five months).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4-1 and 6-1 and the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the instant lease contract was terminated on August 29, 2018, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff and pay the Plaintiff the rent in arrears calculated by the ratio of KRW 9,552,00 in total management expenses, and the rent in arrears calculated from August 30, 2018 to August 29, 2018 and KRW 1420,00 in total from August 30, 2018 to August 30, 2018, except in extenuating circumstances.

B. As to the Defendant’s assertion, the Defendant requested the Plaintiff to repair the sundsium from December 2017, but the Plaintiff failed to comply with the request.

As a result, the Defendant failed to use and benefit from the instant store for seven months from February 2018 to August 29, 2018, which is the contract maturity.

Therefore, the defendant does not have a duty to pay the rent for the above period, and rather, the defendant is paid the sum of KRW 12.6 million in market price of the various equipment damaged by the above tent, KRW 36 million in business losses between seven months, KRW 5 million in mental damage, KRW 10 million in lease deposit, and KRW 63.6 million in lease deposit, and thus, the above money shall be paid until it receives the above money.