A. On October 4, 2016, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 5 million with respect to KRW 2101,000,000,000,000,000 from October 5, 2016 to October 5, 2018, and KRW 300,000,000 in monthly rent (hereinafter “instant lease agreement”).

B. On December 9, 2016, the Plaintiff and the Defendant agreed that the deposit under the instant lease agreement shall be reduced to KRW 2.5 million, but the monthly rent shall be increased to KRW 3.5 million.

C. From July 5, 2017, the Plaintiff sent to the Defendant a document evidencing that the instant lease contract is terminated on the grounds of the rent delay on or around September 6, 2017, and that it reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in rent, and the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstances.

On the other hand, even after the termination of the instant lease contract, the Defendant is obliged to obtain the benefits of use by occupying and using the instant building until the completion of delivery and to return the same amount to the Plaintiff as unjust enrichment.

In ordinary cases, the amount of profit from the possession and use of real estate is equivalent to the rent of such real estate. On September 2017 when the lease contract of this case was terminated, the fact that the monthly rent of this case is 3.50,000 won is the monthly rent of the building of this case, as seen earlier, and thereafter, it is confirmed that the subsequent rent is the same amount. The Plaintiff shall return the lease deposit to the Defendant, which is the sum of the overdue rent and unjust enrichment equivalent to the rent of 2.8 million won, from July 5, 2017 to February 5, 2018.