1. The defendant

A. Of the buildings listed in paragraph (1) of the attached Table 1, the second floor bath 231.4 square meters, the third floor 351.8 square meters, and underground.

1. Basic facts

A. On August 21, 2012, the Defendant leased the two-story bath 231.4m2, 351.8m2, and 9.17m2 in an underground boiler room (hereinafter “leased object”) among the buildings listed in paragraph (1) of the attached Table No. C, which were owned by C (hereinafter “instant building”) from C, with a deposit of KRW 50 million, KRW 13 million per rent, and the period from September 10, 2012 to September 10, 2017 (hereinafter “instant lease agreement”).

B. On December 2, 2014, the Plaintiff completed the registration of ownership transfer for the instant building, and succeeded to the lessor’s status of the instant lease agreement.

C. The Defendant, among the leased objects, has filed a business report (hereinafter “the instant business report”) with the third floor as shown in the attached Table No. 2, and operated a lodging business with the name of DMoel.

[Ground of recognition] Facts without dispute, entry of Gap 6, 7, 20 evidence, purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant did not pay rent for more than two months, and sublet the leased object to E without the lessor’s consent. E installed a toilet to use the rooftop floor of the instant building (hereinafter “the rooftop floor”) as a residence, and changed the structure and purpose of the wall by drilling the wall in the process. Accordingly, the Plaintiff terminated the instant lease agreement on the grounds of this.

Therefore, the Defendant is obligated to deliver to the Plaintiff the leased object and the rooftop floor, and pay the unpaid rent and the amount of unjust enrichment equivalent to the rent from the date of completion of the delivery, and to perform the procedure for reporting the closure of the instant business report.

3. As seen earlier in the judgment on the rooftop floor, the Plaintiff asserted that the instant lease contract was terminated, and the Defendant is obligated to deliver the rooftop floor to the Plaintiff. However, as seen in the above basic facts, the rooftop floor is not the object of the instant lease contract, and the said assertion is without merit.

The plaintiff's argument is that the defendant illegally occupies the rooftop floor.