1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) 5,456,446 Won and as regards this.

Basic Facts

On November 9, 201, the Plaintiff entered into a lease agreement with the Defendant on each of the real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) with regard to each of the instant real estate (hereinafter referred to as “instant real estate”), with the lease deposit amounting to KRW 90 million, KRW 1760,000 per month of rent (including value-added tax), and the lease term as of November 10, 201 through November 19, 201 (hereinafter “instant lease agreement”) and agreed to receive KRW 40,000,000 on the date of the contract, KRW 10,000 from the date of opening the restaurant business of the Defendant, and KRW 10,000,000 on December 30, 201, and KRW 30,000 from November 10, 2013.

The Defendant paid KRW 40 million out of the lease deposit to the Plaintiff on the day of the contract pursuant to the instant lease agreement, and around that time, began to operate the restaurant by taking over each of the instant real estate from the Plaintiff.

[Grounds for recognition] In light of the above facts without dispute, Gap evidence Nos. 1-3, 6 (if a branch number is included; hereinafter the same shall apply), and the purport of the entire pleadings, the part of the claim for delivery of each of the real estate of this case as to each of the real estate of this case was terminated on November 19, 2016. Thus, the defendant is obligated to deliver each of the real estate of this case to the plaintiff, barring special circumstances.

Around May 2015, the Defendant’s assertion and defense, the Defendant’s argument and judgment, and the Plaintiff’s husband and the agent, agreed on the instant lease agreement with C, and around that time, deliver each of the instant real estate to D, a new lessee, thereby fulfilling the duty to deliver the object upon the termination of the lease agreement.

(2) Even if the Plaintiff’s request for delivery of each of the instant immovables is accepted, the said request cannot be accepted until the remainder of lease deposit, which was deducted from the overdue rent, is returned.

Judgment

First of all, the defendant's first argument was examined, and the plaintiff entered into a new lease agreement with D around May 2015 with respect to each of the instant real estate.