1. The defendant

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

(b) KRW 22,520,000 and this shall apply thereto.

Facts of recognition

On January 21, 2017, the Plaintiff: (a) on December 31, 2018, leased a building listed in the separate sheet (the entire 10th floor among C buildings; hereinafter “instant store”) to the Defendant, each of which was determined as KRW 60 million until December 31, 2018; (b) lease deposit KRW 60 million; and (c) monthly rent KRW 6930,000 (hereinafter “instant lease agreement”).

The Defendant paid the above lease deposit to the Plaintiff and occupied the instant store upon delivery, and has used and profited from the trade name “D”.

The Defendant paid only KRW 640,00 among the rent of March 2018, and did not pay to the Plaintiff the monthly rent after April 2018.

[Ground of recognition] The instant lease agreement was terminated upon the lapse of December 31, 2018, on the grounds that there is no dispute between the parties or that the Defendant does not clearly dispute between the parties, Gap evidence 1, Gap evidence 2-1, Eul evidence 2, 3, and the ground for the entire claim for the purport of the argument. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff.

The Defendant is obligated to pay the Plaintiff the unpaid rent or unjust enrichment equivalent to the unpaid rent, while the instant lease agreement remains in existence, to pay the Plaintiff the rent according to the agreement on the rent.

Meanwhile, as seen above, the Defendant, even after the termination of the instant lease agreement, has the duty to return the amount of unjust enrichment equivalent to the rent to the Plaintiff from the day following the completion date of the lease agreement until the delivery of the instant store to the Plaintiff. Thus, it is ratified that the amount equivalent to the rent after the termination date of the instant lease agreement is the same as the rent during the lease period.

Therefore, according to the facts found above, the defendant is obligated to pay the plaintiff the following unpaid rent or unjust enrichment equivalent to the rent.

① As sought by the Plaintiff, the sum of the unpaid rent or unjust enrichment equivalent to the rent not paid until February 28, 2019 KRW 8,2520,00.