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1. The defendant is paid KRW 30,000,000 from the plaintiff, and at the same time, it is out of the first floor of the real estate stated in the attached Table to the plaintiff.
Reasons
1. Facts of recognition;
A. On March 19, 2010, the Plaintiff’s agent C and the Defendant drafted a lease agreement with the lessor, lessee, D, lease deposit amount of KRW 30 million, monthly rent of KRW 600,000 (Additional Tax), and from April 1, 2010 to March 31, 2012, with respect to the real estate stipulated in paragraph (1) of the order owned by the Plaintiff (hereinafter “instant store”).
B. On March 19, 2010, the Defendant drafted a loan agreement for use (No. 2) with the lessor Co., Ltd., Ltd., D, the lessee, the Defendant, and the monthly rent of KRW 700,000,000 from March 20, 2010 to March 31, 2012 regarding 2/3 of the instant store, among the instant stores, and the Plaintiff’s employees agreed to the said agreement for the loan for use to B (the Defendant).
C. From March 20, 2010, the Defendant run real estate brokerage business in the name of “E real estate” at the instant store from March 20, 2010.
On February 16, 2013, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with regard to the instant store by stipulating that “The lease agreement shall be set at no later than August 31, 2014, including the lease deposit amount of KRW 30 million, monthly rent of KRW 600,000 (excluding additional tax), and the lease period from February 16, 2013 to August 31, 2014, and the term of lease stipulated in the special agreement: Provided, That if F Real Estate is to be moved within the term, the store shall be set off if it is set up within the term.”
E. G running real estate brokerage business in the name of F real estate in the name of F real estate in the instant store was the end of April, 2013, and the store was delivered to the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap 3, 7 evidence, Eul 1 and 2 evidence, Eul's testimony and the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion was terminated, and the Defendant should receive the lease deposit of KRW 30 million from the Plaintiff and deliver the instant store to the Plaintiff at the same time.
B. (1) The defendant whose term of lease expires shall be the plaintiff.