1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 1, 2017, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff on the real estate listed in the separate sheet (hereinafter “instant building”) with a deposit of KRW 5,00,000, monthly rent of KRW 850,000, and the period from March 20, 2017 to 24 months (hereinafter “instant lease agreement”) and operates the instant building with the trade name “C”.

B. The Defendant did not pay the rent for July 2017 and November 2017. On January 15, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 8, the purport of the whole pleadings.

2. The parties' assertion

A. Since the Plaintiff’s assertion was unpaid at least two occasions, and the instant building was sub-leased without the Plaintiff’s consent, the instant lease agreement was terminated by the Plaintiff’s notice of termination issued to the Defendant on January 15, 2018, pursuant to Articles 3 and 4 of the instant lease agreement.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and to return unjust enrichment equivalent to KRW 850,000 monthly rents from May 21, 2018 to the completion date of delivery of the instant building.

B. Article 10-8 of the Commercial Building Lease Protection Act provides that "if the overdue charge of rent of a lessee reaches the three-dimensional rent, the lessor may terminate the contract." The above Act takes precedence over Article 4 of the instant lease agreement that recognizes the lessor's right to terminate the contract in the event of default of rent for more than two months. The Defendant did not pay more than three times in arrears, so the Plaintiff's notification on the termination of the instant lease is unlawful.

Article 623 of the Civil Act provides, “The lessee is obligated to deliver the leased object to the lessee and to maintain the conditions necessary for the use and taking profits of the leased object during the duration of the contract.”

Although the Plaintiff did not perform the repair obligation even after water leakage in the instant building occurred, the Defendant.