1. The plaintiff's main claim is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed;

3...

1. Basic facts

A. On March 11, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a deposit of KRW 20 million, monthly rent of KRW 1 million, and the lease period of KRW 24,000,000 from the date of the contract to March 11, 2015 (hereinafter “instant lease agreement”).

B. Around April 2015, the Plaintiff and the Defendant agreed to extend the term of the said lease agreement by three years until March 11, 2018. The monthly rent is KRW 100,000,000,000, including surtax, from April 1, 2015 to March 31, 2017, and from April 1, 2017 to March 11, 2018.

C. The Plaintiff did not notify the Defendant of the termination of the instant lease agreement one month prior to the expiration of the lease term of the instant lease, and accordingly, the instant lease agreement was implicitly renewed.

The defendant currently operates convenience points at the store of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s primary claim 1) sub-leases the instant store to a third party without the Plaintiff’s consent. As such, the Plaintiff’s primary claim terminates the instant lease agreement by serving a duplicate of the instant claim and the application form for modification of the cause of the claim on the ground of the sub-lease. Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and return unjust enrichment from the day after delivery of the copy of the claim and the application form for modification of the cause of the claim, to the day after delivery of the said store’s delivery. 2) Preliminary claim Plaintiff notified the Plaintiff of the refusal to renew the instant lease agreement by serving a preparatory document as of October 15, 2018, and the instant lease agreement, which was explicitly renewed, terminated on March 11, 2019, the Defendant delivered the instant store upon arrival of March 11, 2019 to the Plaintiff, and on March 12, 2019.