1. The defendant delivers to the plaintiffs the F building G in Gwangju-si D and E, and from September 1, 2019, the above building is located.

1. Determination as to the cause of claim

A. On February 24, 2016, H’s order building (hereinafter “instant building”) on February 24, 2016

A) A lease deposit was leased at KRW 5 million, monthly rent of KRW 600,000,000, and the lease term was from March 1, 2016 to February 28, 2017 (hereinafter “instant lease agreement”).

(2) The instant lease agreement has been implicitly renewed. (2) The Defendant paid only KRW 18.4 million out of the sum of the rent of KRW 25.2 million from March 1, 2016 to August 31, 2019 (600,000), and the Plaintiffs appropriated the lease deposit for KRW 5 million to KRW 6.8 million in arrears (25.2 million in arrears) and the Defendant paid KRW 1.8 million in the rent of KRW 1.8 million on September 3, 2019, which was after the instant lawsuit.

3) The Plaintiffs, who jointly succeeded to the pertinent property upon the death of H, jointly terminated the instant lease agreement on the ground of the rent delay. [The grounds for recognition are not disputed, evidence Nos. 1 through 3, evidence No. 1 to 1, and the purport of the entire pleadings]

B. According to the above facts of recognition, since the instant lease contract was terminated upon termination, the Defendant is obligated to deliver the instant building to the Plaintiffs, and to pay unjust enrichment amounting to KRW 600,000 per month from September 1, 2019 to the completion date of delivery of the said building.

2. Judgment on the defendant's assertion

A. The defendant asserts that the defendant has the right to possess the building of this case since he decided to purchase the building of this case from the plaintiffs and paid 5 million won down payment.

B. In light of the purport of the entire pleadings in the statement of evidence No. 1, it is recognized that the Defendant decided to purchase the instant building from the Plaintiffs and paid KRW 5 million to the Plaintiff on May 15, 2019 as down payment, but such circumstance alone is difficult to view that the Defendant occupied the instant building, which is the subject matter of sale, by performing a sales contract.