1. On October 1, 2015, the Defendant received KRW 5,000,00 from the Plaintiff at the same time, and simultaneously attached to the Plaintiff.

1. Basic facts

A. On September 30, 2010, the Defendant leased the instant store from the Plaintiff as KRW 5 million, the lease deposit amount, the lease period from October 1, 2010, and KRW 550,000 per month.

around that time, the Defendant paid 5 million won to the Plaintiff the lease deposit, and operated the mutual reference point of “C” with the delivery of the instant store from October 1, 2010.

B. On October 1, 2012, while the Defendant leased and used the instant store, the Defendant concluded a lease agreement with the Plaintiff and the instant store, setting the lease deposit amount of KRW 5 million, KRW 24 months from October 1, 2012, and KRW 700,000 per month from rent (hereinafter “instant lease agreement”).

C. On March 25, 2014, the Plaintiff notified the Defendant that “The instant lease contract is terminated as of September 30, 2014, since the rebuilding of the building, including the instant store, was scheduled.”

[Ground of recognition] Unsatisfy facts, Gap 1, 2, 4, and 5 evidence, the result of the on-site inspection by this court, the result of the appraiser D's survey and appraisal, the purport of the whole pleadings

2. Judgment as to the main claim

A. 1) The Plaintiff asserts to the effect that “the Plaintiff notified the Defendant that it would refuse to renew the instant lease agreement on March 25, 2014,” and that the instant lease agreement was terminated on September 30, 2014. Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and that the Defendant is obligated to pay unjust enrichment worth KRW 700,000 per month from October 1, 2014 to the date the delivery of the said store is completed.” As to this, the Defendant asserts to the purport that “the Defendant requested the Plaintiff to renew the instant lease agreement, and thus, the instant lease was not terminated.”

B. Determination is based on the following: (a) the expiration date of the instant lease agreement was September 30, 2014; and (b) the Plaintiff’s refusal to renew the lease agreement on March 25, 2014, prior to the expiration date.