A. On October 31, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the period of two years, deposit 20,000,000 won, monthly rent 2,200,000 won (excluding value-added tax) for the real estate listed in the separate list owned by the Plaintiff (hereinafter “instant building”).

(hereinafter “instant lease agreement”). B.

The defendant did not pay the monthly rent of KRW 6,600,000 for the monthly rent of May 29, 2017, except for the monthly rent of KRW 6,600.

C. Article 7(2) of the instant lease agreement provides that a lessor may terminate the instant lease agreement in a case where the lessee is in arrears with the amount of rent for the period of three years. The Plaintiff notified the termination of the instant lease agreement by serving a duplicate of the complaint in the instant case on the grounds that the lessee has failed to pay the rent for three times or more.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was terminated on December 8, 2017, which contains the Plaintiff’s expression of termination intention on the grounds of the Defendant’s delay of rent. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff.

In addition, the Defendant is obligated to return to the Plaintiff the overdue rent from December 8, 2017, which is the date of termination of the instant lease agreement, and thereafter, the amount equivalent to the rent for possession and use of the instant building and unjust enrichment. The Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of KRW 2,420,000 per month from February 1, 2017 (the initial date of the rent payment, excluding the period corresponding to the three-month portion paid by the Defendant as the monthly rent) to the time of delivery of the said real estate.

B. In addition, the plaintiff asserts that the defendant is liable to pay 4,209,400 won unpaid management expenses to the plaintiff.

However, the claimant for the above delinquent management fee shall manage the building of this case.