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

2. The plaintiff's remaining claims are dismissed.

3...

1. Determination as to the request for delivery of a building

A. According to the facts that there is no dispute between the parties, and the purport of Gap evidence Nos. 1 through 5 (including the number of each branch number), and the whole pleadings, the plaintiff entered into a lease agreement (hereinafter “the lease agreement of this case”) with the defendant as to the buildings listed in the separate sheet (hereinafter “instant building”) owned by the plaintiff during the period from April 15, 2017 to April 15, 2019. The defendant used the instant building as restaurant, etc. in accordance with the instant lease agreement. The defendant was entirely not paid a rent to the plaintiff from September 2017 to April 2018, and the plaintiff did not pay a rent to the defendant by May 8, 2018, the contract of this case is not paid until May 15, 2018.

According to the above facts, it is reasonable to view that the instant lease contract was terminated on May 15, 2018 according to the Plaintiff’s notice of termination due to the Defendant’s delinquency in payment of rent for at least three years, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff.

B. As to this, the Defendant agreed with the Plaintiff to cover the overdue rent of KRW 10 million from the lease deposit to the overdue rent of KRW 10 million, and thereafter, the Plaintiff asserts that the instant lease contract cannot be terminated on the ground that the overdue rent is overdue.

According to the statement in Gap evidence No. 5, it is recognized that the defendant paid to the plaintiff KRW 560,000 per month from June 2018 to December 2018.

However, even if a lease deposit has been granted to a lessor, the lessor will freely choose whether to apply for the overdue rent from the lease deposit while the lease relationship continues.