1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. Facts of recognition;

A. On December 30, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 200,000, and the period from January 20, 2014 to January 19, 2015 (hereinafter “instant lease agreement”).

B. The Defendant used the instant building as a warehouse, and continued to occupy the said building without paying a monthly rent after the expiration of the lease term, and the lease deposit was fully deducted from the rent in arrears.

C. On March 10, 2017, the Plaintiff sent to the Defendant a certificate that contains an expression of intent to terminate the instant lease agreement on the grounds of expiration of the lease term and delinquency in rent, and reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was duly terminated by the delivery of content-certified mail containing the Plaintiff’s declaration of termination of the contract due to the Defendant’s delinquency in rent, or by the delivery of the duplicate of the instant complaint.

Therefore, the Defendant, a lessee, is obligated to deliver the instant building to the Plaintiff, a lessor upon the termination of the instant lease agreement.

(The plaintiff filed a claim for return of unjust enrichment equivalent to the initial rent, but the defendant partially withdrawn the claim and consented thereto). (B)

On the summary of the Defendant’s argument regarding the Defendant’s assertion, the Defendant did not properly prevent the instant building, and thus, the Plaintiff, a lessor, violated the duty to use the instant building and to provide profit therefrom, and thus, the Defendant was injured by the Defendant’s father C due to the defects in the construction cost, the director cost, and the building.