1. The Defendant shall order the Plaintiff to name 234.9 square meters underground among the buildings listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. On November 1, 2013, the Defendant entered into a lease agreement between C and C on the lease deposit of KRW 10 million, annual rent of KRW 20 million, and the term of lease from November 1, 2013 to October 31, 2016 (hereinafter “instant lease agreement”) with regard to the land-to-story 234.90 square meters among the real estate listed in the attached list owned by C, and commenced the main place business.

B. On April 1, 2014, the Plaintiff purchased real estate listed in the separate sheet from C, and completed the registration of ownership transfer on April 16, 2014, and received rent from the Defendant from November 1, 2014 to October 31, 2016, and issued a tax invoice.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence (including paper numbers; hereinafter the same shall apply), entry of Eul 1 evidence, the purport of the whole pleadings

2. We examine the determination of the cause of the claim. The lease contract of this case exceeds 150 million won of the guaranteed amount under the proviso of Article 2(1) of the Commercial Building Lease Protection Act.

However, according to Article 2(3) of the Commercial Building Lease Protection Act (amended by Act No. 13284, May 31, 2015) and Article 2 of the Addenda, Article 3 of the said Act applies to a lease agreement that exceeds the amount of security deposit provided for in the proviso to Article 2(1) of the said Act from the lease agreement concluded or renewed after the enforcement of the said amended provision. Since the instant lease agreement is a lease agreement concluded before it and Article 3 of the said Act is not applicable, the Defendant, the successor to the leased object, cannot assert the opposing power

Therefore, the Defendant is obligated to order the Plaintiff to suspend the underground 234.9 square meters among the buildings listed in the attached Table, unless there is any proof of the legitimate right to possess the floor among the real estate listed in the attached Table.

3. Judgment on the defendant's assertion

A. The asserted Plaintiff succeeded to the obligation to return the lease deposit under the instant lease agreement while acquiring a building listed in the attached list.