The defendant shall have the Seongbuk-gu Seoul Road Name Address in Seoul.

A. On July 28, 1997, the instant real estate was transferred to G in the name of the Plaintiff’s mother, and the ownership transfer registration was completed in the name of the Plaintiff on October 11, 2005 due to the donation.

B. On January 1, 2009, the Plaintiff entered into a lease agreement with the Defendant with a fixed term of KRW 10 million, monthly rent of KRW 350,000,000 from January 1, 2009 to December 31, 201 (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”), which is the renewal agreement.

C. On December 26, 2011, the Plaintiff changed the lease deposit for the instant lease agreement from January 1, 2012 to January 1, 2014. However, the Plaintiff stated that the monthly rent of KRW 4,200,000 (=350,000 x 12 months) was overdue on the said lease agreement from January 1, 201 to December 201.

From January 201 to June 30, 2015, the Defendant delayed the rent of KRW 8,080,000 (i.e., KRW 600,000 for the year 201 to KRW 4,200,000 for the year 2012, KRW 930,000 for the year 2013 to KRW 1,350,000 for the year 2014; and (ii) notified the Plaintiff through the instant complaint that the instant lease was terminated on the grounds of the Defendant’s delinquency in rent.

E. On March 23, 2016, the Plaintiff received the instant real estate from the Defendant based on the judgment of the first instance court of the provisional execution sentence.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination:

A. According to the above facts of determination as to the cause of claim, since the lease contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case containing the declaration of intention of termination, the defendant is obligated to deliver the real estate of this case to the plaintiff.

In addition, the Defendant’s rent of KRW 808,00,00 not paid to the Plaintiff and unjust enrichment equivalent to the rent or rent from July 1, 2015 until March 23, 2016, when the delivery of the instant real estate was completed.