가. 피고는 2007. 10. 22.경 소외 D, E으로부터 서울 서초구 C 지상 철근콘크리트조 평슬래브 지붕 3층 건물의 1층 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㄱ의 각 점을 순차로 연결한 선내 주택 201호 83.57㎡(이하 ‘이 사건 건물’이라고 한다)를 임대차보증금은 135,000,000원, 월 차임은 150,000원, 임대차기간은 2007. 10. 22.부터 2009. 10. 21.까지로 정하여 임차하였고, 이 사건 임대차계약은 이후 갱신되었다.

B. On June 29, 2015, E completed the registration of ownership transfer on November 22, 2014 with respect to the share of 1/2 of D ownership among the instant buildings by consultation and division.

C. The Plaintiff purchased the instant building from E on July 1, 2015, and completed the registration of ownership transfer on July 9, 2015.

On July 15, 2015, the Plaintiff notified the Defendant that the instant lease contract will not be renewed any longer.

E. On October 19, 2015, the Plaintiff returned KRW 10,500,000 out of the lease deposit to the Defendant.

[Grounds for Recognition: Entry in Evidence Nos. 1 through 7 and the purport of the whole pleadings]

2. Determination

A. (1) According to the determination on the cause of the claim, the instant lease agreement was terminated on October 21, 2015, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff who succeeded to the status of the lessor of the instant lease agreement and return the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 150,000 per month from October 22, 2015 to the completion of delivery of the instant building.

The Plaintiff’s rent agreed in the instant lease agreement is a significant difference between the actual rent and the rent. Therefore, the Defendant calculated the Plaintiff at the rate of KRW 1,040,000 per month calculated according to the current market price from October 22, 2015 to the completion date of delivery of the instant building.