A. On September 14, 2007, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between the Defendant and the Defendant on a deposit amount of KRW 3,4.76 square meters in a single-story store among the buildings listed in the attached Table owned by the Plaintiff (hereinafter “instant store”) and KRW 400,000 won in monthly rent (payment on September 20, 2007) and the lease period from September 20 to September 19, 2009, respectively.

Under the instant lease agreement, the Plaintiff delivered the instant store to the Defendant on September 20, 2007.

B. The term of lease of the instant lease was extended on several occasions by agreement between the original and the Defendant on September 19, 2015, and was renewed on September 2015.

In addition, the monthly rent of the instant lease agreement was increased by KRW 450,000,000 around September 2009 by agreement of the original and the Defendant, and KRW 50,000,000 around September 2013, respectively.

C. From August 20, 2017, the Defendant did not pay the monthly rent of the instant lease to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The gist of the parties’ assertion asserted that the Plaintiff terminated the instant lease contract on the grounds of the delinquency in monthly rent, and sought unjust enrichment against the Defendant along with the delivery of the instant store, the Defendant did not delay monthly rent because the Plaintiff was exempted from monthly rent on August 2017. ② As the Plaintiff demanded to deliver the instant store and deprived the Defendant of the Defendant’s opportunity to recover the premium, the Defendant is obliged to compensate for damages arising therefrom pursuant to Article 10-4 of the Commercial Building Lease Protection Act. ③ In addition to the Plaintiff’s seeking to deliver the instant store to the Defendant, seeking removal and transfer of the street store in operation before the instant building is an abuse of rights.

3. Determination

A. The fact that the Defendant did not pay the monthly rent from August 20, 2017, in determining whether the Defendant did not pay monthly rent and the cause of the claim.