1. The defendant shall be the plaintiff.

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

(b) pay 6,450,000 won;

2...

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. The Plaintiff partially dismissed filed a claim for return of unjust enrichment equivalent to the rent from February 24, 2019 to the completion date of delivery of the instant real estate, asserting that the lease contract on October 18, 2016 concerning the instant real estate was terminated and terminated.

However, since the benefits in return of unjust enrichment on the ground that the benefits accrued without any legal ground mean the substantial benefits, in cases where the lessee continued to possess the leased building after the lease contract relationship was terminated, but no actual benefits have been accrued due to the failure to use the leased building or make profits according to the original purpose of the lease contract, even if the damage was incurred to the lessor, the lessee’s obligation to return unjust enrichment does not

(Supreme Court Decision 98Da8554 Decided July 10, 1998). As to the instant case, it is clear in the record that the copy of the complaint of this case stating that the Plaintiff terminated the said lease contract on the grounds of delinquency in payment of rent by the Defendant was served on the Defendant on February 23, 2019. The above lease contract was lawfully terminated and terminated on February 23, 2019, and there is no assertion or proof as to the fact that the Defendant acquired substantial benefits while using and gaining the instant real estate from the time of the closing of argument in this case. Thus, the above provision on the claim for restitution of unjust enrichment from February 24, 2019 to the date of the completion of delivery of the instant real estate is without merit.

4. According to the conclusion, the lease contract on the instant real estate concluded by the original and the Defendant was terminated on February 23, 2019, and the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay KRW 6,450,000 in total, in arrears, from July 19, 2018 to February 23, 2019 (= KRW 900,000 in monthly rent x 5,30 days).