1. Of the judgment of the court of first instance, a claim for rent and return of unjust enrichment exceeding the following amount ordered to be paid.

1. Basic facts

A. On May 23, 2015, D leased the instant real estate to the Defendant by setting the deposit amount of KRW 4,000,000, monthly rent of KRW 350,000, and one year for a period of time.

(hereinafter “Lease of this case”). (b)

On September 10, 2015, the registration of ownership transfer was completed from D to E and F on September 10, 2015 (each 1/2 equity interest), and on October 24, 2016 to the Plaintiffs (each 1/2 equity interest) on October 24, 2016.

C. The instant lease was renewed on May 23, 2016, and the Plaintiffs succeeded to the lessor’s status of the instant lease.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. The plaintiffs' assertion that the lease contract of this case was terminated on the grounds of the defendant's delay of rent, the defendant should deliver the real estate of this case to its original state, and pay the rent or unjust enrichment equivalent to the same amount.

B. If the purport of the entire argument is added to the statement No. 1-1 of the evidence No. 1-1, the instant lease agreement was determined that the lessor may immediately terminate the contract if the amount of the rent exceeds the amount of three times of the rent, and the Defendant was not paid once to the Plaintiffs. As such, the instant lease was terminated on March 28, 2017, on which the duplicate of the complaint of this case, stating the Plaintiffs’ declaration of termination, was delivered to the Defendant.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiffs following the termination of the lease relationship, and the Defendant is obliged to return unjust enrichment equivalent to the rent due to the overdue rent and the continuous possession after the termination of the lease agreement.

The amount of unjust enrichment equivalent to the rent or the rent is KRW 4,50,000 for 13 months from October 24, 2016 to November 23, 2017 (=350,000 won x 13) and KRW 350,000 per month from November 24, 2017 to the delivery date of the instant real estate, and the Defendant claims to the effect that the deposit should be deducted. Accordingly, the Defendant’s payment is 4.4.