A. On November 24, 2015, the Plaintiff donated the instant real estate by parent C and leased it to the Defendant on December 19, 2015 as KRW 3.3 million per month of rent (including value-added tax).

B. The Defendant occupied and used the instant real estate before the Plaintiff acquired ownership, but did not pay the rent to the Defendant after December 19, 2015.

Accordingly, on August 25, 2016, the Plaintiff knew of its receipt account by text messages, etc. and urged the Defendant to pay the rent in arrears.

C. The Plaintiff terminated the instant lease agreement with the delivery of a duplicate of the instant complaint on the grounds of the delinquency in rent, and sought a delivery of the instant real estate to the Defendant and payment of the overdue rent from December 19, 2015. The duplicate of the instant complaint was served on the Defendant on September 12, 2016.

On May 2, 2017, after the judgment of the court of first instance was rendered, the Plaintiff completed the registration of ownership transfer of the instant real estate with F on May 2, 2017, and withdrawn the part of the Plaintiff’s claim by exchanging the lawsuit in the trial.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 3-1, 2-2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the rent or unjust enrichment equivalent to the rent from December 19, 2015 to May 1, 2017, the day before the Plaintiff transferred the ownership of the instant real estate to F.

Therefore, as the plaintiff seeks, the defendant is obligated to pay to the plaintiff 54,120,00 won = 3.3 million won 】 (16.12/30 days) and damages for delay calculated at the rate of 15% per annum from August 18, 2017 to the day of full payment, which is the day following the day of service of the application for modification of the purport of the claim of this case and the cause of the claim of this case.

3. The defendant's argument regarding the defendant's assertion is alleged to have paid a part of the rent in arrears to C, and is described in the evidence Nos. 1 and 2-1 to 5.