1. The defendant shall be the plaintiff.

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

(b) from October 9, 2020 to the annexed list.

1. Facts of recognition;

A. On November 29, 2018, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on the basis of the lease deposit of KRW 10 million, KRW 900,000, KRW 900,000, and the lease term of KRW 20,000 from December 20, 2018 to December 19, 2019 (hereinafter “instant lease contract”). Accordingly, the Defendant received the instant real estate from the Plaintiff on December 20, 2018, and is residing in the instant real estate until then.

B. On November 2019, the Plaintiff and the Defendant extended the lease term of the instant lease by May 31, 2020.

(c)

From April 20, 2020, the Plaintiff notified the Defendant that the instant lease contract was terminated on May 31, 2020, and thus, the Plaintiff transferred the instant real estate at maturity.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease contract of this case was terminated on May 31, 2020, the defendant is obligated to deliver the real estate of this case to the plaintiff.

B. Meanwhile, as seen earlier, the Defendant occupied and used the instant real estate so far after the termination of the instant lease agreement, thereby gaining profits from the use of the instant real estate, and thereby causing damage equivalent to the amount of the said amount to the Plaintiff.

As such, there is a duty to return this as unfair benefits.

B. As to the amount of unfair profit, the amount of profit from the possession and use of the real estate in ordinary cases shall be deemed to be the amount equivalent to the rent of the real estate. The amount equivalent to the rent after the termination of the instant lease agreement shall be deemed to be KRW 900,000 per month, which is the rent under the instant lease agreement.

Therefore, the defendant is the real estate of this case from October 9, 2020, following the period of time when the plaintiff was paid rent or unfair profit to the plaintiff.