1. The defendant shall be the plaintiff.

(a) In the third floor (a rooftop) of the building listed in the annex list, the indication of the annex drawings A, B, C, D, and D.

1. Facts of recognition;

A. On May 4, 2016, the Plaintiff leased 30 square meters in part on the ship as indicated in the order (hereinafter “instant real estate”) to the Defendant by designating deposit of 2 million won, monthly rent of KRW 200,000,000 from May 5, 2016 to May 4, 2018, and handed over the instant real estate on May 5, 2016.

B. The Defendant did not pay the Plaintiff the rent from February 5, 2017.

C. Accordingly, on July 24, 2017, the Plaintiff notified the Defendant of the content that “the said lease is terminated on the grounds of the Defendant’s delinquency in payment for a five-month period,” and the said termination declaration reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the lease contract on the real estate of this case was lawfully terminated by the plaintiff's notice of termination on the ground of rent delay at least twice the defendant's two times. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, and the defendant is obligated to pay the overdue rent until the termination of the lease contract.

In addition, since the defendant occupies and uses the real estate of this case even after the termination of the above lease contract, thereby gaining the profit of use and causing damages equivalent to the plaintiff's profit of use, the defendant is obligated to return the money equivalent to the above profit of use to the plaintiff as unjust enrichment.

Furthermore, it is confirmed that the amount of unjust enrichment to be returned by the defendant is the amount equivalent to the rent of the real estate in ordinary cases, and the amount of profit from the possession and use of the real estate is the amount equivalent to the rent of the real estate.

Therefore, the Defendant is obligated to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 200,000 per month from February 5, 2017, which is the date of delinquency in the rent, to the date of completion of delivery of the instant real estate.