The defendant is the defendant's 3rd floor neighborhood living facilities and amusement facilities of Ulsan-gu, Ulsan-gu, the defendant's ground steel frame C above ground.

A. The Plaintiff is the owner of the land and the building on the land in Ulsan Nam-gu and the building on the ground.

(hereinafter referred to as the “instant building”). B

On March 31, 2014, the Plaintiff leased the instant building to the Defendant by setting the lease deposit amounting to KRW 50 million, KRW 8 million per month, and the lease term from April 1, 2014 to March 31, 2017.

(hereinafter “instant lease”) C.

The Plaintiff and the Defendant determined that the instant lease was KRW 8.4 million per month, but the rent was KRW 6.3 million per month from July 1, 2015 to December 31, 2015.

On October 26, 2015, the Defendant paid to the Plaintiff the rent of KRW 6.3 million on July 2015, and did not pay to the Plaintiff any more.

E. On January 11, 2016, the Plaintiff sent to the Defendant a content-certified mail demanding the delivery of the instant building by January 20, 2016, where the Plaintiff did not pay any overdue rent of KRW 39.9 million until that time, on which January 31, 2016, the Plaintiff sent to the Defendant, who requested the delivery of the instant building by January 31, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including attachment of provisional number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, around January 2016, the Defendant’s delayed amount of rent under the instant lease agreement exceeds three months. The Plaintiff may terminate the instant lease agreement pursuant to Article 10-8 of the Commercial Building Lease Protection Act.

On the other hand, the above content-certified mail sent by the Plaintiff to the Defendant is presumed to have arrived at the Defendant around that time, and there is no assertion as to the fact that the Defendant later paid the Plaintiff the overdue charge. Thus, the instant lease contract was terminated as of January 31, 2016.

Therefore, the defendant delivered the building of this case to the plaintiff, and it is recognized as the amount of profit earned by occupying and using the building from February 1, 2016 to the day following the termination of the lease contract of this case.