The defendant shall order each point of the attached Form 1, 2, 3, 7, and 1 among the first floor of the real estate listed in the attached list to the plaintiff.

Facts of recognition

On June 7, 2012, the Plaintiff leased the first floor (hereinafter referred to as the “instant store”) of real estate listed in the attached list to the Defendant for lease deposit of KRW 7,00,000,000, monthly rent of KRW 600,000 (after June 30, 2012), and from June 30, 2012 to December 29, 2014.

(hereinafter “instant lease agreement”). On September 20, 2012, the Defendant sub-leaseed the part regarding the indication of drawings (B) of the instant store to C during the period from October 1, 2012 to October 1, 2014, with the lease deposit amount of KRW 5,000,000, monthly rent of KRW 300,000 (after October 1, 2012), and the lease period of KRW 30,000.

The instant lease agreement was implicitly renewed, and the Defendant paid the rent by November 30, 2015, but thereafter, did not pay the rent thereafter, the portion indicated in the attached drawing(A) is occupied.

On April 18, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the instant lease agreement was three-time arrears.

[Reasons for Recognition] According to the facts without dispute, Gap 2, 3, 8, Eul evidence, Eul evidence Nos. 1, and the judgment of the court below as to the ground for appeal as a whole, the lease contract of this case was lawfully terminated by the plaintiff's termination notice. Thus, the defendant is obligated to deliver to the plaintiff the part of the annexed drawing Nos. 1, which the plaintiff seeks among the stores of this case.

The defendant's assertion on the defendant's argument has paid 10,000,000 won to all lessee D as premium, and received 3,000,000 won as premium from C.

However, the Plaintiff demanded C to deliver the instant store by December 30, 2016, and the premium cannot be recognized, and C did not pay it to the Defendant. Accordingly, the Plaintiff’s claim is unreasonable since it was in arrears with the Plaintiff.

Since the Defendant, in 4,500, sub-divided the instant store into two partitionss, the Plaintiff is charged with KRW 10,000,000 for the premium paid by the Defendant to the former lessee.