1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant shall list attached Form to the plaintiff.

1. Basic facts

A. On September 19, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting the lease deposit of KRW 10 million, monthly rent of KRW 700,000 (advance payment, monthly rent of KRW 27,000,000) and the lease term from September 22, 2018 to September 21, 2020 (hereinafter “instant lease agreement”).

B. Article 4 of the instant lease agreement states that “If a lessee fails to pay a rent for the period of two years, a lessor may immediately terminate the lease contract,” and the special agreement stipulates that “The lessor shall enter into a contract with a rent of KRW 10 million/7 million and shall correct the rent at KRW 20 million after four months (from January 27, 2019) (from January 27, 2019).”

C. Since then, the Defendant did not pay to the Plaintiff KRW 10 million and monthly rent from February 2019.

Accordingly, on April 22, 2019, the Plaintiff sent to the Defendant a certificate of the content that “if the Plaintiff did not perform its obligation to pay the deposit and the overdue rent by April 30, 2019, the Plaintiff will terminate the instant lease contract without any additional notice.”

The defendant occupies the apartment of this case.

[Reasons for Recognition] Evidence Nos. 1 through 7 (including paper numbers), Evidence No. 1, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated on April 30, 2019 due to the Defendant’s delinquency in rent for at least two years, barring any special circumstance, the Defendant is obligated to deliver the instant apartment to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent from February 2019 to the date of the completion of delivery of the instant apartment, barring any special circumstance.

3. Judgment on the defendant's defense, etc.

A. The Defendant asserted simultaneous performance with the purport that the Plaintiff cannot respond to the Plaintiff’s request for extradition before receiving a refund of KRW 10 million from the Plaintiff. As to this, the Plaintiff did not delay as the Defendant.