1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b)payment of KRW 700,000;

C. August 2018

Description of Claim

On April 6, 2018, the Plaintiff entered into a special agreement with the Defendant that the lessor may terminate the lease contract in the event that the lessee has failed to pay the rent for at least two (2) years as the deposit amount of KRW 2 million, KRW 350,000 per month, KRW 350,000 per month (payment on June), and KRW 1 year, and the lessee has leased the building in the attached list (hereinafter “instant building”).

However, the Defendant did not pay the rent from June 6, 2018. Accordingly, the Plaintiff notified the Defendant that the lease contract will be terminated on the grounds of the rent delay by serving the duplicate of the instant complaint, and on September 4, 2018, the duplicate of the instant complaint was served on the Defendant.

Therefore, since the above lease contract was terminated upon termination, the defendant is obligated to deliver the building of this case to the plaintiff to its original state.

In addition, the Defendant is obligated to pay to the Plaintiff a total of KRW 700,000 won from June 6, 2018 to August 5, 2018 (i.e., KRW 350,000 x 2 months) and to pay to the Plaintiff the rent calculated at the rate of KRW 350,000 per month from August 6, 2018 from the date when the Defendant occupies the instant building or the date when the Plaintiff loses the Plaintiff’s ownership, whichever comes first.

Meanwhile, as long as the Defendant, while occupying and using the instant building, refused to perform the obligation to return unjust enrichment equivalent to the rent accrued continuously and repeatedly as a result thereof, it is anticipated that the Defendant would not perform the obligation to return unjust enrichment, which the due date comes from the date of completion of possession of the instant building or the date of the Plaintiff’s loss of ownership, whichever comes earlier.

Therefore, the Plaintiff needs to claim in advance the portion of unjust enrichment that is due and payable in the future.

The plaintiff's ground for dismissal of part of the judgment without pleading (Article 208 (3) 1 and Article 257 (1) of the Civil Procedure Act) is the defendant's unjust enrichment from August 6, 2018 to the completion date of delivery of the building of this case, but the future is the future.