1. The defendant is paid KRW 20 million from the plaintiffs, and at the same time buildings listed in the separate sheet to the plaintiffs.

1. The Defendant entered into a lease agreement between D, E, and F three persons (hereinafter “the instant lease agreement”) on December 28, 201 with respect to the building listed in the separate sheet owned by the Nonparty (hereinafter “instant store”) as indicated in the Nonparty’s (hereinafter “instant store”), between KRW 20 million, monthly rent of KRW 1.3 million, monthly rent of KRW 1.3 million, and the lease period from February 16, 2012 to February 15, 2015 (hereinafter “instant lease agreement”).

Therefore, the defendant paid the non-party a deposit of KRW 20 million in full to the non-party, operated the cafeteria at the instant store, and renewed the cafeteria by one year without preparing a lease contract separately from February 16, 2015.

The Plaintiffs entered into a sales contract to purchase all buildings including the instant stores on December 28, 2017, and received the registration of ownership transfer on January 30, 2018, respectively.

The Non-Party D sent on January 8, 2018, when the Non-Party sold the instant store to the Plaintiffs, the content-certified mail stating that the termination of the instant lease agreement is until February 15, 2018, and the buyer himself/herself uses the commercial building.

After that, there was a dispute between the plaintiffs and the defendant regarding the collection of the premium for the store of this case, and the defendant is running a business at the store of this case until now.

[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 3 (including each number), the purport of the whole pleadings]

2. Determination on the claim

A. The instant lease agreement on the instant store was terminated on February 15, 2018, and the lessee, barring any special circumstance, the Defendant is obligated to take over the instant store and order the Plaintiffs who succeeded to the status of the lessor under the instant lease agreement to order the instant store.

B. As seen earlier, the Defendant’s judgment on the simultaneous performance defense by the Defendant paid deposit of KRW 20 million to the Nonparty.