1. Revocation of the claim for delivery of a building in the judgment of the first instance, and the plaintiff's claim corresponding to the revoked part.

1. Facts of recognition;

가. 원고는 2011. 6. 3. 피고에게 별지 목록 기재 건물의 1층 81.90㎡ 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 부분 101호(이하 ‘이 사건 건물’이라 한다)를 보증금 500만 원, 임대차기간 2013. 7. 3.까지, 월 차임 66만 원으로 정하여 임대하였다

(hereinafter “instant lease agreement”). B.

After that, the instant lease contract has been implicitly renewed (However, the monthly rent was reduced to KRW 5.60,00), and the Defendant delayed payment of rent for more than two years, and the Plaintiff notified the Defendant of his intention to terminate the instant lease contract on the grounds of overdue payment of rent, around July 2016.

C. Meanwhile, the Defendant delivered the instant building to the Plaintiff on January 3, 2017, which was after the judgment of the first instance court was rendered.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. Determination

A. According to the fact that the lease contract was terminated on July 2016, the instant lease contract was lawfully terminated on the grounds of the Defendant’s delinquency in rent around July 2016.

I would like to say.

B. On January 3, 2017, the part of the Defendant’s claim for delivery of the building was as seen earlier, and thus, the Plaintiff’s claim for this part of the building is without merit.

C. The Plaintiff filed a claim for unjust enrichment amounting to KRW 5,040,000 in total and the amount equivalent to the rent from July 2016, 2016.

In light of the evidence adopted earlier, it can be acknowledged that the sum of the rent in arrears or a sum of the rent in arrears as of January 3, 2017 exceeds 8.4 million won (=560,000 won per month x 15 months). Since the Plaintiff is a person who has deducted five million won from the deposit, the Defendant is obligated to pay the remainder of 3.4 million won (=8,400,000 won - 5 million won) to the Plaintiff.

As to this, the defendant, such as the plaintiff's remaining animals after the termination of the lease contract, etc.