1.The judgment of the first instance shall be modified as follows:

The defendant is paid KRW 13,232,667 from the plaintiff.

Basic Facts

On August 13, 2015, the Plaintiff entered into a lease agreement stipulating that the instant building and the Defendant shall be leased KRW 20,000,000, monthly rent of KRW 1,210,000, and the period from September 12, 2015 to September 12, 2017 (hereinafter “instant lease agreement”), and thereafter, delivered the instant building to the Defendant around that time.

Since May 2016, the Defendant began to delay the rent under the instant lease agreement, and the Plaintiff notified the Defendant of the payment of overdue rent around October 2016. On December 12, 2016, the Plaintiff notified the Defendant that the instant lease agreement was terminated due to the delayed rent of two or more times due to the content certification.

On March 23, 2018, the Plaintiff filed the instant lawsuit against the Defendant seeking delivery of a building, etc., and rendered a judgment of the first instance court that “the Defendant shall deliver the instant building to the Plaintiff, and pay unjust enrichment equivalent to the rent from the date of delinquency and delivery until the date of completion of delivery.”

The Plaintiff executed the transfer of the instant building on June 4, 2018 according to the judgment of the first instance court.

From September 12, 2015 to December 14, 2017, the Defendant paid the Plaintiff KRW 32,840,000 in total with rent or unjust enrichment under the instant lease agreement.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1, 2, and 4 (a serial number is included; hereinafter the same shall apply), and the facts of the judgment as to the ground for the claim as a whole of the pleadings, the defendant did not pay two or more rents. Thus, since the defendant did not pay more than two rents, it was delivered to the defendant on December 2016 by the content certification that contains the plaintiff's declaration of intent to terminate the lease contract of this case, the lease contract of this case was lawfully terminated.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff with unjust enrichment equivalent to the rent for arrears and the rent from the date of completion of delivery.

The defendant's defense shall be judged by the plaintiff as the lease deposit.