On June 27, 2017, in order to use each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Plaintiff as a farm, the Defendant: KRW 70,00,000; KRW 3 years after the term of the lease was granted entry permit; and KRW 4,50,000; KRW 4,500 for the first two years; and KRW 3,50,000 for the last three years (hereinafter “instant lease”).

The Defendant paid KRW 70,000,000 to the Plaintiff under the instant lease agreement, and received the instant real estate.

The defendant did not pay that to the plaintiff since December 2017.

On February 5, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the delinquency in rent.

The Defendant did not pay KRW 2,352,590, which occurred from the instant real estate from June to October, 2017, and the Plaintiff paid it on behalf of the Plaintiff.

[Ground of recognition] The provision of Article 640 of the Civil Act provides that the lessor may terminate the contract when the lessee’s delayed delay falls short of the lessee’s rent for the lease of a building or other structure, and that the lessor may terminate the contract.

According to the above facts, the lease contract of this case was lawfully terminated on the ground of the defendant's delinquency in rent.

Therefore, the Defendant is obligated to receive from the Plaintiff the remainder of 67,647,410 won (i.e., deposit KRW 70,00,000 - 2,352,590) from December 1, 2017 to the completion date of the delivery of the instant real estate (i.e., KRW 4,950,000 x 1.1, value added tax) calculated by deducting the unjust enrichment equivalent to the rent or the rent from the Plaintiff, and at the same time to deliver the said real estate to the Plaintiff.

The claim of this case is accepted.