Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

A. On November 1, 2018, the Plaintiff leased the instant real estate to the Defendant as KRW 5 million, KRW 550,000 per month, KRW 550,00 (excluding value-added tax, prepaid), and three months for lease (from November 1, 2018 to January 31, 2019) (hereinafter “instant lease agreement”), and handed over the instant real estate to the Defendant.

The Plaintiff and the Defendant agreed to the effect that the lessor may terminate the instant lease contract when the lessee’s delayed rent reaches the amount of three-dimensional rents.

B. The Defendant, upon renewal of the above lease agreement, did not pay the remainder of the period from May 1, 2019 to August 1, 2019.

C. On August 13, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of delinquency in rent by content-certified mail.

[Reasons for Recognition] Each entry in Gap evidence Nos. 2, 4, and 5 (including paper numbers), and the purport of the whole pleading

2. According to the above facts of determination, the instant lease contract terminated around that time by the Plaintiff’s lawful exercise of the right to terminate the agreement on August 13, 2019.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and return to the Plaintiff the sum of KRW 2,420,000 (605,000 for monthly rent, including value-added tax, and KRW 4 months) and the unjust enrichment equivalent to the rent calculated at the rate of KRW 605,00 per month from September 1, 2019 to the completion date of delivery of the instant real estate.

3. The claim of this case should be accepted, with all reasons.

The judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.