1. The defendant shall be the plaintiff.

A. Of the underground space of a building indicated in the attached list 272.83m2, the scope of the attached map shall be 1.0 m3m2.

1. Facts of recognition;

가. 원고는 2016. 2. 15. 피고와 별지 목록 기재 건물의 지하실 272.83㎡ 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 ㉮ 부분 196㎡(이하 ‘이 사건 점포’라고 한다)에 관하여 임대차보증금 3,000만 원, 차임 월 170만 원(부가가치세 별도), 임대차기간 2016. 2. 15.부터 2017. 2. 14.까지로 정하여 임대하는 임대차계약을 체결하였다.

B. On February 15, 2016, the Defendant did not pay monthly rent while using the instant store in delivery.

C. On June 30, 2016, the Plaintiff terminated the lease contract on the grounds of the rent delay and sent the content-certified mail requesting the delivery of the instant store to the Defendant as restitution.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, since the lease contract on the store of the Plaintiff and the Defendant was lawfully terminated, the Defendant is obligated to deliver the instant store to the Plaintiff as restitution, and to pay the Plaintiff the amount of unjust enrichment on the rent or the rent-to-rent basis calculated by the ratio of KRW 1870,000 per month from February 15, 2016 to the completion date of delivery of the instant store (= value-added tax of KRW 170,000,000).

In regard to this, the defendant paid 30 million won as premium to the former lessee, and paid 50 million won as repair cost, which makes it impossible to respond to the plaintiff's claim. However, there is no evidence to acknowledge this, and it is not sufficient to exempt the plaintiff from the duty to deliver the store of this case and to return unjust enrichment due to rent or rent.

The defendant's argument is without merit.

3. Conclusion, the plaintiff's claim of this case is justified.