1. The defendant shall pay 70,000,000 won to the plaintiff. 2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

1. Facts of recognition;

A. On December 28, 2018, the Plaintiff leased KRW 70,000,000 from the Defendant-owned D Building E (hereinafter “instant real estate”) to the Defendant, the Plaintiff paid KRW 7,00,000,00 from January 18, 2019 to January 17, 2021 (hereinafter “instant lease contract”). The Plaintiff paid the Defendant the down payment of KRW 7,00,000 on the date of the contract, and the intermediate payment of KRW 10,00,000 on January 7, 2019, and the remainder payment of KRW 53,000,000 on January 18, 2019.

B. On January 18, 2019, the Plaintiff received the instant real estate and filed a move-in report, and received a fixed date on the said lease agreement.

(c)

On October 24, 2019, the auction procedure was commenced voluntarily on the instant real estate (the Busan District Court Branch FF, hereinafter “instant auction procedure”), and the registration of the decision to commence the auction was completed on the same day.

(d)

On December 4, 2019, the Plaintiff filed an application for a report on rights and a demand for distribution with respect to the claims to return the lease deposit (hereinafter “lease deposit of this case”) paid under the instant lease agreement during the instant auction procedure. Around that time, a written application for a report on rights and a demand for distribution was served on the Defendant.

E. On August 27, 2020, the complaint of this case containing an intent to terminate the Plaintiff’s instant lease agreement was served on the Defendant.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In the event of an auction of a leased building, a demand for distribution to an auction court is clearly indicated that the lessee does not want to continue the lease relationship, and barring any special circumstances, it may be deemed as an expression of intent for termination of the lease, barring any other special circumstances. If the auction court notifies the lessor of the demand for distribution under Articles 89 and 268 of the Civil Execution Act and notifies the lessor of the demand for distribution and the lessee’s intention for termination is delivered to the lessor through the auction court, at this time.