A. The Plaintiff owns 334 square meters prior to Seocho-gu Seoul Metropolitan Government (hereinafter “instant land”) and the Defendant has occupied the instant land while installing a temporary installation on the instant land without permission and conducting powdering and horticultural business.

B. On October 4, 2002, the Plaintiff entered into a lease agreement with the Defendant on the instant land with the annual rent of KRW 700,000,000, and the lease term until December 31, 2013, but extended the lease term by December 31, 2004, and thereafter, extended the lease term by December 31, 2004.

C. On December 1 of the same year as of September 9, 2014, and December 1, 2015 of the same year, the Defendant, who wishes to send the mail to the Defendant, to the effect that the said lease contract will be terminated, promises to restore it to the original state until June 30, 2015, and to order the land of this case.

“The certificate was written and sent to the Plaintiff.”

Upon filing the instant lawsuit, the Defendant removed the said temporary installation, but did not restore the site to its original state, such as the wastes of the temporary installation are left unattended on the land of this case, and the annual rent in 2015 did not be paid.

E. 60,000 won is required to restore the land of this case to its original state.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including branch numbers), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant shall pay to the plaintiff the unjust enrichment of five months from July 1, 2015 to November 30, 2015, the amount equivalent to the annual rent of 416,665 won [=1 million won/12 months per annum x 5 months] and the total of 1,00,016,65 won (=416,665 won 60,000 won) and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from March 31, 2016 to the day of full payment] and the cost of restitution.