A. On July 9, 2016, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with the Defendant, setting the lease deposit amount of KRW 5,00,000, KRW 550,000 per month of rent (payment on the second day of each month), between August 2, 2016 and August 1, 2018, and agreed to deliver the instant building to the Defendant.

B. On December 20, 2016, the Defendant paid the Plaintiff KRW 50,000,000, and KRW 1,100,000 on March 6, 2017, respectively, for the following reasons: (a) the Defendant did not pay the remainder of the rent.

C. On December 15, 2016, the Plaintiff submitted to this court a duplicate of the instant complaint indicating that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent, and the duplicate of the complaint was served on the Defendant on December 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings

2. Determination

A. According to the above facts, from August 2, 2016, the Defendant delayed the payment of the rent from August 2, 2016 to December 15, 2016, which was the time when the duplicate of the complaint of this case was served, and the Plaintiff declared to the Defendant that the instant lease contract was terminated on the grounds of the foregoing delinquency in payment of rent. Therefore, it is reasonable to deem that the instant lease contract was lawfully terminated on the grounds of the Defendant’s delinquency in payment of rent for more than two years.

Therefore, the defendant is obligated to deliver the building indicated in the attached list to the plaintiff and pay unjust enrichment equivalent to the overdue rent or rent.

B. Meanwhile, we examine the amount of overdue rent or unjust enrichment equivalent to the overdue rent.

The Plaintiff is seeking to pay the rent calculated at the rate of KRW 50,00 per month from August 2, 2016 to the date the delivery of the building of this case is completed. Thus, the Plaintiff is the rent for three-year period from the Defendant, as seen earlier.