1. 피고는 원고에게 별지 기재 건물 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로...

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 4, the plaintiff leased on August 19, 2014 the part of the order No. 1 (hereinafter referred to as "instant commercial building") among the real estate stated in the separate sheet to the defendant as to the lease deposit of KRW 3 million, monthly rent of KRW 400,000,000 from September 1, 2014 to September 1, 2015 (hereinafter referred to as "the instant lease contract"), and the defendant continued to use the instant commercial building without any specific agreement between the parties even after the lease term expires, but the defendant was not paid monthly rent until February 4, 2016 to the plaintiff, and the plaintiff can be acknowledged as having notified the defendant of the termination of the instant lease contract on the ground of overdue rent of at least two years pursuant to Article 4 of the instant lease contract.

According to the above facts, since the lease contract of this case was lawfully terminated by the plaintiff's notification of termination on the ground of the defendant's delay, the defendant is obligated to deliver the commercial building of this case to the plaintiff and pay the plaintiff the rent of this case or unjust enrichment equivalent to the rent of 40,000 won per month from March 1, 2016 to the completion date of delivery of the commercial building of this case.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by the assent of all participating Justices.