1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) From July 28, 2018, 540,000 won and

1. Basic facts

A. On February 28, 2018, the Plaintiff acquired ownership of each real estate listed in the separate sheet (hereinafter “instant store”).

The Defendant leased and operated the instant store from the former owner of the instant store.

B. On February 13, 2018, the Plaintiff and the Defendant concluded a lease agreement with regard to the instant store (hereinafter “instant lease agreement”) with a deposit deposit of KRW 30,000,000 (the Plaintiff’s successor), monthly rent of KRW 3,800,000 (additional tax separate), monthly rent of KRW 27,000, monthly rent of KRW 27, and management fee of the instant store (hereinafter “instant lease agreement”).

C. On May 2, 2018, the Plaintiff notified the Defendant to pay KRW 5,180,000 for monthly rent and KRW 13,50,000 for management expenses. However, on July 3, 2018, the Plaintiff sent to the Defendant a certificate of the fact that the instant lease contract was terminated on the grounds that the said amount was not paid, and was served on July 4, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers), Gap evidence 5, Gap evidence 6 (including paper numbers), Gap evidence 9, and the purport of the whole pleadings

2. Determination as to the cause of action

A. On July 4, 2018, the instant lease agreement was lawfully terminated on the ground that the Defendant’s delinquency in rent and management expenses was based on the determination on the claim for extradition.

Therefore, the defendant is obligated to deliver the instant store to the plaintiff.

B. As to the claim for return of rent and unjust enrichment, the Plaintiff asserts that the Defendant is obligated to pay the rent of KRW 9,220,000 and the amount equivalent to the rent of KRW 3,800 per month from June 28, 2018 to June 28, 2018, or the amount equivalent to the rent of KRW 3,80,000 per month.

However, since the Plaintiff was paid KRW 20,360,000 in total as monthly rent until September 26, 2018, the said KRW 20,360,000 was paid. Thus, the said KRW 20,360,000 on March 26, 2018.