1. The defendant received KRW 4.7 million from the plaintiff, and at the same time, the second floor of the building indicated in the attached Table to the plaintiff.

1. Facts of recognition;

A. On March 2, 2018, the building indicated in the attached list (the entire building consisting of the 2 and 3 floors, which are the occupied portion by the Defendant, hereinafter referred to as “instant building”) and its site were owned by C, and ownership was transferred to the Plaintiff’s name on March 2, 2018.

(Reasons: Sales Contract dated January 15, 2018) B.

On August 5, 2017, the Defendant leased the instant building from C (a deposit of KRW 5 million, KRW 300,000 per month, KRW 300,00 per month, and KRW 1 year) and used it as inn until the date of closing argument.

C. By August 28, 2018, the first date for pleading in this Court, the Defendant was not in arrears with the Plaintiff (the lessor succeeded to the status of C while acquiring the ownership of the instant building) until August 28, 2018, and the attorney-at-law, who is the Plaintiff’s agent, expressed to the Defendant an intention to terminate the said lease agreement with the Defendant on the ground that the said lease was overdue on the said date for pleading.

As of the date of closing argument, the Defendant paid one of the overdue rent to the Plaintiff.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of the whole pleadings]

2. According to the above facts of determination, since the lease contract on the instant building between the Plaintiff and the Defendant was lawfully terminated on August 28, 2018, it stated that “in the case of the sale of the instant building within the contract period, only KRW 5 million is recognized as a deposit at the time of the sale of the instant building within the contract period and all the premium is waived. It shall be paid at the time of the sale during the contract period to pay KRW 300,000 for directors’ expenses.”

However, even though the above lease contract is applied to the Commercial Building Lease Protection Act, the above lease contract is null and void in violation of Article 15 of the above Act, even if five years have not elapsed since the contract term is the lease term guaranteed by the above Act.

Therefore, the above lease contract is automatically renewed until the plaintiff's agent terminates on August 28, 2018 on the grounds of overdue rent.