1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached list, which is an unauthorized building (hereinafter “instant building”).

B. On July 30, 2014, the Plaintiff leased the instant building to the Defendant as KRW 14,00,000,000, monthly rent of KRW 1,400,000 (payment on July 30), and the period from July 30, 2014 to 48 months.

(hereinafter “instant lease agreement”). On July 30, 2014, the Defendant paid 14,000,000 won to the Plaintiff.

C. From March 1, 2016, the Defendant did not pay a monthly rent under the instant lease agreement until then.

On May 14, 2018, the copy of the instant complaint was served on the Defendant on the ground that the Plaintiff terminated the instant lease agreement on the grounds of the delinquency of two or more rents.

From July 30, 2014 to July 30, 2014, the Defendant operates the frequency of “C” in the instant building with the trade name “C.”

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

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated around May 14, 2018, on the ground of the following two or more years of rent, and the Plaintiff expressed his/her intent to terminate the instant lease agreement.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

In addition, the Defendant did not pay monthly rent under the instant lease agreement from March 1, 2016 to the date, and the Defendant’s operation of a house in the instant building from the date of the conclusion of the instant lease agreement to the date of the completion of delivery of the instant building is as seen earlier. As such, the Defendant returned to the Plaintiff unjust enrichment of KRW 14,00,000,000, which was calculated at the rate of KRW 1,400,000 per month from March 1, 2016 to December 31, 2016 (i.e., monthly rent of KRW 1,40,000 (i., January 1, 2017 to December 31, 2016) after appropriating the Plaintiff’s monthly rent of KRW 14,40,000,000 from January 1, 207 to the date of delivery of the instant building.