1. Defendant B:

(a) deliver the second floor of 171.36 square meters among the buildings listed in the attached list;

(b) from July 17, 2018.

1. Facts of recognition;

A. The Plaintiff leased to Defendant B the building listed in the attached list (hereinafter “instant building”) by setting out the deposit amount of KRW 100 million, monthly rent of KRW 8.5 million (excluding value-added tax; hereinafter the same shall apply), the period from July 17, 2013 to July 16, 2020.

(hereinafter “instant lease agreement”). After that, the Plaintiff and Defendant B agreed to reduce monthly rent of KRW 8 million and KRW 7.5 million on two occasions.

B. Under the Plaintiff’s consent, Defendant B sub-leaseed Defendant C with a deposit of KRW 50 million, monthly rent of KRW 1 million, and the period from March 2, 2016 to July 16, 2020, the second floor of the instant building (hereinafter “second floor of the instant building”) of KRW 171.36 square meters of the instant building.

Defendant C operated a coffee specialty store with the trade name “D” on the second floor of the building.

C. Defendant B delayed the Plaintiff’s payment of monthly rent from November 2017 (from October 17, 2017 to November 16, 2017).

On February 8, 2018, the Plaintiff sent to Defendant B a certificate of the content that the instant lease contract will be terminated on the grounds of the delinquency of rent for at least three years, and reached the above Defendant on the following day.

[Ground for recognition] Defendant B: Evidence No. 1, Evidence No. 2-1, Evidence No. 2, Evidence No. 3, 5, and 6 of the Civil Procedure Act; the purport of the whole pleadings and arguments

2. Assertion and determination

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on the grounds of the delinquency in payment of rent for at least three years. As such, Defendant B is obligated to deliver the second floor of the instant building to the Plaintiff as requested by the Plaintiff. From July 17, 2018, Defendant B is obligated to deliver the second floor of the instant building as requested by the Plaintiff.

Until the completion date of the delivery of the claim, the amount of unjust enrichment equivalent to the amount of the rent shall be refunded in proportion to KRW 1,100,000 per month.

As long as the instant lease contract has been terminated, Defendant C, a lessee, has the duty to deliver the second floor of the instant building to the Plaintiff jointly with Defendant B, a lessee.

B. The first sub-lease contract as to Defendant C’s assertion.