1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. On May 23, 2008, the Plaintiff leased the building listed in the attached list (hereinafter “instant building”) to the Defendant by setting the lease deposit amount of KRW 5,00,000,000, monthly rent of KRW 400,000, and the period of April 15, 2009.

(hereinafter “instant lease agreement.” At the time of the conclusion of the instant lease agreement, the Defendant had already been transferred the instant building from the Plaintiff and had been using it. The Defendant occupies the instant building up to now.

In the instant lease agreement, the Plaintiff and the Defendant concluded a special agreement that “if the monthly rent is not overdue, it shall be an automatic one-year extension key.” From July 2014, the monthly rent was increased to KRW 440,000 (excluding value-added tax).

On January 21, 2019, the Plaintiff notified the Defendant of the termination of the contract on April 15, 2019 when the term of the instant lease agreement expires by content-certified mail, and presented the terms of the renewal contract, such as deposit of KRW 10,00,000, monthly rent of KRW 600,000, etc.

On March 6, 2019, the Plaintiff notified the Defendant on March 6, 2019 that the Plaintiff will be deemed to have no intention to renew the contract if the Plaintiff did not express its intent to renew the contract by March 22, 2019.

On March 25, 2019, the Defendant responded to the Plaintiff that it failed to decide whether to conclude a re-contract, and the re-contract was not concluded until April 15, 2019.

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

2. Determination

A. The defendant's judgment on this case's safety defense is justified because the plaintiff filed a final judgment against the defendant on the delivery of the building of this case's building, and thus the lawsuit of this case is against the res judicata of the final judgment.

According to the overall purport of the statements and arguments in Eul 2, 3, and 4, the Plaintiff asserted against the Defendant that the instant lease contract was terminated on the ground that he was overdue due to the Defendant’s delinquency in rent from the Suwon District Court Decision 2016Gadan25348.