1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The plaintiff's remaining claims are dismissed.

3...

1. On December 4, 2015, the Plaintiff entered into a lease agreement with the Defendant to lease the instant building (hereinafter “instant lease agreement”) with the term from December 18, 2015 to December 17, 2016, with the term of the lease deposit of KRW 160,000,000, and the term of the lease from December 18, 2015 to December 17, 2016 (hereinafter “the instant lease agreement”). The fact that the instant building was delivered to the Defendant on December 18, 2015 by agreement between the parties, and thereafter the term of the lease extended until April 28, 2019 can be acknowledged by taking into account the overall purport of the pleadings as stated in the evidence No. 1 to 3.

According to the above facts, since the lease contract of this case terminated on or after April 28, 2019, the contract of this case has expired, the defendant is obligated to deliver the building of this case to the plaintiff.

2. Determination on a claim for return of unjust enrichment equivalent to rent

A. The Plaintiff’s assertion is obligated to pay to the Plaintiff the amount equivalent to the rent of KRW 650,00 per month from June 1, 2019 to the completion date of delivery of the instant building after the completion date of the instant lease.

B. The amount of profit from the possession and use of the target real estate after the termination of the normal lease agreement is the amount equivalent to the rent of the real estate. In the case of the so-called obligatory lease contract, which does not provide any other agreement as to the rent, the amount equivalent to the interest on the deposit money is in a quid pro quo relationship with the amount equivalent to

[See Supreme Court Decision 2009Da65942, Sept. 30, 2010; 2009Da65959, Feb. 20, 2009). Therefore, even if a claim transfer contract has been terminated, unjust enrichment does not occur, barring any special circumstance, such as where deposit is returned, or where it is proved that the amount equivalent to the actual rent of the target real estate has increased.

As seen earlier, the instant lease agreement is an obligatory lease agreement that does not have any agreement on rent, and thus, in principle, the instant building after the expiration of the lease term.