1. Basic facts

A. On March 1, 2010, the Plaintiff entered into a lease agreement with the Defendant on the attached list (hereinafter “instant real estate”) stating “50 million won as lease deposit, five years (from March 1, 2010 to February 28, 2015) for lease deposit, five years (from February 1, 2010 to February 28, 2015), 130,000 won per month for rent payment, and five days per month for rent payment (hereinafter “instant lease agreement”), and agreed that the Plaintiff may terminate the contract if the Defendant continually fails to pay rent more than twice. Installation of urban gas on the said real estate was liable and performed by the Plaintiff, a lessor.

B. According to the above contract, the Plaintiff received the above lease deposit from the Defendant, and the Defendant received the above real estate from the Plaintiff and operated a kindergarten at this place. On November 2, 2010, the Defendant completed the construction of urban gas in the above real estate by bringing about KRW 10 million.

C. On September 23, 2014 and February 4, 2015, the Plaintiff notified the Defendant by content-certified mail that he/she did not wish to renew the instant lease agreement or extend the contract period.

On December 2, 2015, the Plaintiff filed the instant lawsuit stating that “The instant lease contract was terminated upon the expiration of the lease term, and even if not, the Defendant did not pay KRW 300,000 per month during the rent from March 2015, and thus, the lease contract was terminated due to delayed rent, etc., and seek for payment of unjust enrichment equivalent to the delivery of the instant real estate, rent, or rent.”

The defendant was served with a copy of the complaint of this case on December 16, 2015.

E. Meanwhile, even after the expiration of five years of the term of the instant lease agreement, the Defendant continued to possess, use, and operate the instant real estate in response to the Plaintiff’s request for delivery, and is monthly rent from March 2015 to May 2016.