A. On March 24, 2013, C leased the instant building to the Defendant with a deposit of KRW 30,000,000, monthly rent of KRW 1,500,000 (payment date) and the contract term from April 15, 2013 to April 14, 2015.

B. On January 21, 2015, the Plaintiff purchased the instant building from C in KRW 275,000,000, and completed the registration of ownership transfer on April 15, 2015.

C. On July 10, 2015, after filing the instant lawsuit, the Defendant handed over the instant commercial building to the Plaintiff.

[Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. Plaintiff’s assertion 1) In line with the termination of the instant lease agreement, the Plaintiff leased the instant building to D at KRW 3,00,000 per month. However, the Defendant occupied the instant building without permission from April 15, 2015 to July 11, 2015, which is the day following the expiration date of the said lease agreement, and the Plaintiff suffered losses from not receiving rent of KRW 9,000,000 from D during the said period. The said KRW 9,000,000 shall be deducted from the lease deposit that the Defendant shall pay to the Plaintiff. (2) Accordingly, the Defendant is obliged to deliver the instant building to the Plaintiff at the same time, after deducting the said KRW 9,00,000,000 from the lease deposit to the Plaintiff.

B. According to the above recognition, the instant lease contract was terminated upon the expiration of the period of validity. However, there is no dispute between the parties that the Defendant delivered the instant building to the Plaintiff on July 10, 2015, and thus, the Plaintiff’s claim on the principal claim is without merit.

3. Judgment on the counterclaim

A. The fact that the Defendant paid KRW 30,000,000 to the Plaintiff the instant lease deposit, and the fact that the instant lease contract expired on April 15, 2015 was terminated by the expiration date is as seen in the above recognition facts, and the Defendant paid the Plaintiff KRW 4,50,000 as unjust enrichment equivalent to the rent from April 16, 2015 to July 10, 2015.