1. The defendant is paid KRW 10,000,000 from the plaintiff, and at the same time, the building listed in the attached list is added to the plaintiff.

1. Facts of recognition;

A. On November 14, 2006, the Plaintiff completed the registration of ownership transfer based on sale on November 7, 2006 with respect to the building listed in the attached list (hereinafter “instant building”).

B. On July 10, 2009, the Plaintiff leased the instant building to the Defendant with a deposit of KRW 30,000,000, monthly rent of KRW 100,000, and KRW 60 months from the delivery date of the instant building during the lease period (hereinafter “first lease”), and around that time, delivered the instant building to the Defendant. (c) On January 5, 2012, the Plaintiff entered into a lease agreement with the Defendant with a deposit of KRW 10,00,00, monthly rent of KRW 250,00, and the lease agreement of KRW 250,00 from January 5, 2012 to January 4, 2016, but the lease agreement of KRW 10,00 from January 5, 2012 to January 4, 2016 was exempted (hereinafter “the lease agreement”).

On January 5, 2012, the Defendant paid KRW 10,000,000 to the Plaintiff.

E. The Defendant is operating the restaurant in the name of “C” in the instant building until now, and occupies and uses the instant building.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 4, 5 (including provisional number), the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination on the cause of the claim, the second lease agreement has expired on January 4, 2016, and thus, barring any special circumstance, the Defendant is obliged to deliver the instant building to the Plaintiff at the same time as receiving KRW 10,00,000 from the Plaintiff, barring any special circumstance.

In addition, the defendant is obligated to return unjust enrichment from January 5, 2016 to the completion date of delivery of the building of this case, which is the day following the expiration date of the second lease contract.

In ordinary cases, the amount of profit from the possession and use of real estate is the amount equivalent to the rent of the real estate, and the monthly rent as stipulated in the second lease contract is 250.