The defendant shall deliver the real estate listed in the attached list to the plaintiff, and from November 17, 2020 to the delivery date of the above real estate.

Basic Facts

On October 9, 2019, the Plaintiff entered into a lease agreement between the Defendant and the Plaintiff with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “instant real estate”), which is KRW 10 million, KRW 650,000 for monthly rent, and KRW 650,00 for the lease term from October 17, 2019 to October 16, 2020 (hereinafter referred to as “instant lease agreement”), and delivered the instant real estate to the Defendant on October 17, 2019.

The defendant paid only the rent by November 16, 2019 and delayed the payment of rent by 2/2 months until January 16, 2020.

Accordingly, on January 20, 2020, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the payment of rent for two-month has been delayed.

Since then, the Defendant paid to the Plaintiff the rent by November 16, 2020.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 and 5, and the purport of the whole pleadings, but the above fact-finding is established, the defendant did not delay for more than 2 months, and the plaintiff notified the defendant of the termination of the lease contract of this case on this ground. Thus, the lease contract of this case terminated upon termination.

The defendant shall deliver the real estate of this case to the plaintiff.

Furthermore, the Defendant shall pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 650,000 per month from November 17, 2020 to the delivery date of the instant real estate.

In conclusion, the plaintiff's claim is justified, and it is decided as per Disposition.