(a) Six-story community facilities and six-story community facilities, Masan-si, Masan-si, Crein petroleum reinforced concrete structure,

가. 원고는 2014. 12. 1. 피고에게 안산시 단원구 C 철근콘크리트조 슬래브지붕 6층 근린생활시설 및 판매, 관람집회, 주차장 겸 기계실, 판매업무시설, 주거겸용 업무시설 지하1층 2,546.81㎡ 중 별지 도면 표시 ㉮, ㉯, ㉰, ㉱, ㉲, ㉳, ㉴, ㉵, ㉶, ㉷, ㉸, ㉹, ㉺, ㉻, ㉮를 순차로 연결한 선내 부분(이하 ‘이 사건 지하1층 일부’이라 한다)을 임대차보증금 140,000,000원, 월 차임 13,200,000원(부가가치세 포함), 임대기간 2014. 12. 1.부터 2019. 11. 30.까지로 정하여 임대하였다

(hereinafter “instant contract”). (b)

At the time of the instant contract, until December 15, 2014, the Defendant agreed to accept KRW 66,00,000,000 for unpaid rent obligations of D, a lessee of part of the first basement of the instant underground floor, which was the previous lessee of the instant underground floor. Only KRW 41,400,000, paid to the Plaintiff, and did not pay the remainder of KRW 24,60,000.

The Defendant did not pay the Plaintiff KRW 26,400,00 in total (= KRW 13,200,000 x 2 months) for December 2014 and January 2015.

C. On January 30, 2015, the Plaintiff filed a claim with the Defendant for payment of KRW 51,00,000 (=24,600,000) in total, which is unpaid to the Defendant (i.e., KRW 26,400,00). On February 5, 2015, the Plaintiff notified the Defendant that the instant contract is automatically terminated if it is not performed by February 5, 2015. The Defendant did not implement the claim.

The instant contract was lawfully terminated on February 5, 2015. D.

Therefore, the Plaintiff filed a claim against the Defendant for partial delivery of the 1st underground floor of this case due to the termination of the instant lease agreement, and sought a return of unjust enrichment equivalent to the rent or rent in proportion to the rate of KRW 13,200,000 per month from December 1, 2014 to the completion date of delivery of part of the 13th underground floor of this case from December 1, 2014.

2. Judgment made by deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).