1. The defendant shall be the plaintiff.

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

B. As from November 1, 2016, the delivery of the above real estate.

1. Facts without dispute;

A. On March 1, 2015, the Plaintiff entered into a lease agreement between the Defendant and the attached list (hereinafter “instant commercial building”) with respect to the real estate (hereinafter “instant commercial building”), which stipulates a deposit of KRW 20 million, monthly rent of KRW 1210,000, monthly rent of KRW 1210,000, and period of lease from March 1, 2015 to March 1, 2017.

B. Around that time, the Defendant had been handed over the instant commercial building from the Plaintiff and operated the C Licensed Real Estate Agent Office. From February 2016, the Defendant continued to delay the instant lawsuit from February 21, 2016 until June 21, 2016.

C. On July 27, 2016, a duplicate of the instant complaint containing the Plaintiff’s intent to terminate the instant lease agreement on the grounds of such delinquency in rent reaches the Defendant.

From October 2016, the Defendant paid the Plaintiff the full amount of the rent by October 31, 2016.

2. The allegations and judgment of the parties

A. According to the facts seen earlier, the instant lease agreement was lawfully terminated on July 27, 2016 due to the Defendant’s delinquency in rent, and accordingly, the Defendant is obligated to deliver the instant commercial building to the Plaintiff, and pay the amount of unjust enrichment equivalent to the rent calculated by the rate of KRW 1210,000 per month from November 1, 2016 to the completion date of the delivery of the commercial building.

B. The defendant asserts to the effect that the market price of the premium for the commercial building of this case is approximately KRW 35 million and KRW 40 million, so the opportunity to recover the premium for the commercial building of this case is different.

However, in the event that a lessee has failed to pay a rent for a period of three or more times, the lessor cannot demand the lessor to protect the opportunity to recover the premium provided for in Article 10-4 of the Commercial Building Lease Protection Act. The fact that the Defendant has failed to pay a rent for three or more years is as seen earlier, and thus, the Defendant’s assertion cannot be accepted.

3. For this reason, the Plaintiff’s claim is accepted in entirety and it is so decided as per Disposition.