1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) pay 13,867,200 won;

2...

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. The portion of partial dismissal (the portion of a claim for return of unjust enrichment equivalent to rent) refers to the substantial benefit in the return of unjust enrichment on the ground that the benefit was realized without any legal ground. Thus, in a case where, although the lessee continued to possess the leased building after the lease agreement was terminated, the lessee did not obtain substantial benefit because he did not use or make profit from the leased building in accordance with the original purpose of the lease agreement, even if the damage was incurred to the lessor, the lessee’s obligation to return unjust enrichment is not established. The same applies to the case where the lessee was unable to use or make profit from the leased building due to the lessee’s circumstances,

(See Supreme Court Decision 98Da8554 Decided July 10, 1998). The instant complaint stating that “the Plaintiff shall terminate the lease contract on the grounds of the Defendant’s delinquency in payment of rent” was served on the Defendant on September 28, 2018, and the lease contract between the Plaintiff and the Defendant was terminated.

However, there is no evidence to prove that the defendant uses or benefits from the real estate stated in the order after the termination of the lease agreement on September 28, 2018, and there is no evidence to prove that the defendant uses or benefits from the real estate in accordance with the original purpose of the lease agreement. Thus, the plaintiff's assertion seeking the return of unjust enrichment equivalent to rent (including value-added tax and electricity tax) after September 28,

[Final Court Decision 7,452,00 won in total and 6,415,200 won in amount calculated by the ratio of KRW 594,00 in each month from November 5, 2017 to September 28, 2018 (=594,000 x (24/30 days in each October) x 13,867,200 won in total (=7,452,00 won 6,415,200 won in total)];