1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and the said real estate from January 1, 2018.

Facts of recognition

On October 28, 2017, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

By February 28, 2019, the rent of KRW 50,000 (the payment for KRW 50,000 and the remainder of KRW 3,000 on January 31, 2018) is KRW 4,00,000 per month in advance, and the Defendant paid only the rent for KRW 4,00,00 and KRW 12,00 on November 2017, and did not pay the remainder of the deposit as from January 2018.

On April 18, 2018, the Plaintiff requested the Defendant to pay the overdue rent by content-certified mail, and notified the Defendant that the instant lease contract will be terminated if he/she fails to implement it.

The Plaintiff notified the Defendant of the termination of the instant lease agreement by serving the written complaint of this case.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 3 (including each number), the purport of the whole pleadings.

Judgment

As seen earlier, as the Defendant did not pay two or more rents for the instant real estate, the Plaintiff, a lessor, may terminate the instant lease agreement pursuant to Article 640 of the Civil Act.

Since the instant lease contract was terminated on June 27, 2018, when the Plaintiff’s declaration of termination was delivered to the Defendant, the Defendant shall return the instant real estate to the Plaintiff and pay to the Plaintiff the amount of overdue rent or unjust enrichment equivalent to the rent in arrears, calculated at the rate of KRW 4,400,000 per month from January 1, 2018 to the completion date of delivery of the said real estate.

The plaintiff's claim is accepted.