1. The judgment of the court of first instance is modified as follows.

The part concerning the claim for delivery of real estate among the lawsuits in this case is dismissed.

(b).

1. Basic facts

A. On February 19, 2013, the Defendant concluded a lease agreement with the Re-young Co., Ltd. and the instant real estate, which provides for the lease deposit of KRW 30,000,000, monthly rent of KRW 2,500,000, and the lease period from February 19, 2013 to February 18, 2015, and used the instant real estate as a lessee.

On October 8, 2013, the Plaintiff succeeded to a lessor’s status under the above contract, and the Defendant entered into a lease agreement with the same date as the Plaintiff (hereinafter “instant lease agreement”) and continued to use the instant real estate.

B. From June 8, 2014, the Defendant delayed the payment of rent for the instant real estate. Accordingly, on September 14, 2015, the Plaintiff sent to the Defendant a document evidencing that the lease contract is terminated without a separate declaration of intention, on the ground that the rent was not paid by September 21, 2015 on the ground that the rent was not paid by September 21, 2015, but the instant lease contract was terminated at that time by the Defendant’s failure to pay rent.

C. On December 24, 2015, the Defendant removed the instant real estate from the real estate and delivered the instant real estate to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 2, Eul evidence 1 (including provisional number; hereinafter the same shall apply), Eul evidence 6-4, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts acknowledged earlier, the Defendant voluntarily delivered the instant real estate to the Plaintiff on December 24, 2015, and thus, it is no longer necessary to maintain a lawsuit seeking delivery of the instant building as the Plaintiff already delivered the instant building.

Therefore, the part concerning the claim for delivery of a building among the lawsuit of this case is unlawful and dismissed.

B. From June 8, 2014 to December 24, 2015, the instant real estate was established by the Defendant for the portion of claim for rent and for return of unjust enrichment and the establishment of a claim for rent and unjust enrichment.