가. 별지1 목록 기재 건물의 별지2 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을...

가. 원고는 2016. 11. 12. 별지1 목록 기재 건물의 별지2 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 (가) 부분 401호 14㎡(이하 '이 사건 부동산‘이라 한다)에 관하여 임대차기간 2016. 11. 13.부터 2017. 11. 12.까지, 임대보증금 30만 원, 차임 월 40만 원, 특약사항으로 ’만기 전 1달 전에 임대인에게 통보해야 퇴실할 수 있음‘ 등을 내용으로 한 임대차계약(이하 ’이 사건 임대차계약‘이라 한다)을 체결하였다.

B. On June 21, 2016, the Plaintiff: (a) around April 201, 2017; and (b) on May 201, the same year to the Defendant.

6. The intention to terminate the lease agreement was notified with content proof on the ground that each difference is in arrears.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease contract of this case was terminated on the grounds of the Defendant’s delinquency in rent of at least two occasions, the Defendant is obligated to deliver the real estate of this case to the Plaintiff, and to return the amount calculated at the rate of KRW 400,000 per annum from August 26, 2017 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case (i.e., KRW 400,000 per annum x 3 months) and damages for delay calculated at the rate of KRW 15,00 per annum from August 26, 2017 to the day of complete payment.

B. As to this, the Defendant alleged to the effect that, on May 2017, the duty to deliver the instant real estate and the duty to return unjust enrichment equivalent to the rent after the director was not fulfilled. However, the evidence submitted by the Defendant alone is insufficient to recognize that the Defendant delivered the instant real estate to the Plaintiff, and there is no other evidence to acknowledge this otherwise, the Defendant’s assertion is without merit.

3. The plaintiff's claim is justified.