(a) deliver the real estate listed in the separate sheet;

(b) As from January 4, 2018, KRW 1,200,00 and the above.

A. On June 4, 2016, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the terms that the real estate listed in the separate sheet (hereinafter “instant real estate”) was leased to the Defendant as KRW 10,000,000 per deposit, KRW 80,000 per month (prepaid on June 4, 2016), and the period from June 4, 2016 to June 3, 2018 (two years).

B. The Defendant continues to possess and use the instant real estate from June 4, 2016 under the instant lease agreement to the present date, but only pays the rent for October 2016, and does not pay any subsequent rent thereafter. The sum of the rent in arrears as of January 3, 2018 is KRW 11,200,000.

C. Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant on the ground of delinquency in rent by serving the duplicate of the instant complaint on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination of the lease contract due to the Defendant’s delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff upon the termination of the lease agreement.

B. On the other hand, the portion of the claim for return of unjust enrichment equivalent to the rent and the rent, and, upon the Plaintiff’s request, if the deposit of KRW 10,00,000,000 is deducted from the total rent in arrears as of January 3, 2018, the deposit shall be the full amount of the rent, and the remainder of the rent in arrears shall be KRW 1,20,000 (=1,200,000 - 10,000).

In addition, with respect to the scope of return of unjust enrichment, the amount of profit from the possession and use of the real estate in ordinary cases is equivalent to the rent of the real estate. The fact that the monthly rent of the real estate in this case is 80,000 is the same as the previous one, and it is after the date of closing the argument in this case.