A. To deliver a building indicated in the annex “real estate indication”;

(b)6,527,741 won;

A. On November 15, 2010, the Plaintiff completed each registration of initial ownership in the Plaintiff’s name as to the instant building. (2) On March 11, 2019, the Plaintiff: (a) determined on March 11, 2019, a deposit of KRW 28 million (2 million in the contract amount; (b) KRW 13 million in the first balance on March 14, 2019; (c) KRW 8 million in the second balance on April 1, 2019; and (d) KRW 5 million in the remainder on June 5, 2019; and (e) KRW 3 million in the lease agreement from July 5, 2019 to KRW 2813 million (hereinafter “the lease agreement”); and (e) KRW 3 million in the lease agreement from July 31, 2019 to KRW 3 million (hereinafter “the lease agreement”).

Article 4 of the instant lease agreement provides, “If the overdue charge of rent of a lessee reaches the amount of three-year rents or violates Article 3, the lessor may immediately terminate this contract.”

3) On November 25, 2019, the Plaintiff sent to the Defendant, on the ground that the Defendant’s balance of KRW 8 million in the deposit and KRW 19.6 million in monthly rent (excluding value-added tax) is unpaid, the Plaintiff: (a) donated the instant building to B on December 16, 2019; and (b) completed each registration for the transfer of ownership on December 18, 2019.

[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 3, and the purport of whole pleadings

B. Determination 1) According to the facts of the recognition of the above request for the delivery of the instant building, the Defendant’s delayed payment amount under the instant lease agreement reaches the three-year rent. On this ground, it is presumed that a certified mail stating the Plaintiff’s declaration of intent to terminate the instant lease agreement was served on the Defendant around November 2019, and thus, the instant lease agreement was terminated on November 201, 2019. Therefore, the Defendant is obliged to deliver the instant building to the Plaintiff. (ii) Accordingly, the Plaintiff is obliged to deliver the instant building to the Plaintiff, from the Defendant’s claim for the payment of rent and the claim for the return of unjust enrichment equivalent to the rent.