2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. On May 25, 2012, C entered into a lease agreement between the Defendant and the Defendant, setting forth a deposit of KRW 7,00,000 for the real estate listed in the separate sheet (hereinafter “instant real estate”), monthly rent of KRW 1,60,000 (the rent payment date shall be the 30th day of each month), and the lease period from June 30, 2012 to June 30, 2014, and delivered the said real estate to the Defendant.

B. Upon the death of C, the Plaintiff completed the registration of ownership transfer based on the division of inherited property on July 28, 2015.

C. The Defendant paid C the rent to C up to October 2012, and thereafter did not pay the rent entirely.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and the purport of the whole pleadings

2. Determination as to the claim

A. According to the above facts, the Plaintiff succeeded to all the rights and obligations regarding the instant real estate from C, and the Defendant’s delayed payment twice or more times, and the said lease was terminated by serving a duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the lease contract on the instant real estate, upon the Defendant. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the amount of overdue rent or unjust enrichment calculated at the rate of KRW 1,60,000 per month from November 1, 2012, after the agreed payment date, to the delivery date of the said real estate as sought by the Plaintiff.

B. As to this, the Defendant intended to open a licensed real estate agent's office in the instant real estate without any justifiable reason, but C interfered with it without any justifiable reason, and the Defendant again requested C to change the use of the instant real estate for restaurant business, but the instant real estate is not permitted by the competent authority to change its use on the wind registered as an illegal building, and thus, it may use the instant real estate in accordance with the lease agreement.