1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From July 13, 2018, 2,600 won and above.

The Defendant, on October 2, 2013, leased real estate listed in the separate sheet (hereinafter “instant real estate”) from C from October 2, 2013, by setting the deposit amount of KRW 5 million, KRW 480,000,000 for rent, and the period from October 13, 2013 to October 12, 2014.

(hereinafter “existing Lease Contract”). After the existing lease contract was renewed on or around October 2014 under the same condition, the Plaintiff purchased the instant real estate from C on July 31, 2015, and completed the registration of ownership transfer on or around August 7, 2015, and succeeded to the lessor’s status under the existing lease contract.

The existing lease contract is renewed under the same condition. On October 11, 2017, the Plaintiff and the Defendant concluded a new lease contract with a deposit of KRW 5 million, KRW 5 million per month, KRW 530,000 per month, and the period from October 13, 2017 to October 12, 2018.

(hereinafter “new lease agreement”). The Defendant did not pay for one-month rent under the existing lease agreement, as from March 13, 2018 under the new lease agreement.

In the instant complaint, the purport of the Plaintiff’s termination of a new lease agreement on the grounds of the Defendant’s unpaid rent. The instant complaint was served on October 1, 2018 on the Defendant.

[Reasons for Recognition] According to the above findings of fact-finding, Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 1 and 2, and the ground for appeal as a whole, the plaintiff's right to terminate the contract based on the defendant's delay in rent is legitimate. Thus, the new lease contract was terminated on October 1, 2018 when the plaintiff's notice of termination was delivered to the defendant.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

Furthermore, the Defendant is obligated to return to the Plaintiff the unjust enrichment equivalent to the rent accrued from the use of the instant real estate as a house after the termination of the existing and new lease contract, and thus the Plaintiff is entitled to return the rent and the unjust enrichment.