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. Facts of recognition;

A. On August 15, 2015, the Plaintiff leased the instant building to the Defendant, on the same day, at KRW 59.20 square meters (hereinafter referred to as the “instant building”) on the third floor among the real estate listed in the attached list, KRW 5,000,000, monthly rent of KRW 550,000 (including value-added tax), monthly management expenses, KRW 50,000, monthly management expenses, and from August 15, 2015 to February 15, 2016 (hereinafter referred to as “instant lease contract”), and on the same day, handed over the instant building to the Defendant.

B. However, from January 15, 2016, the Defendant did not pay rent and management expenses. On April 18, 2016, the Plaintiff terminated the instant lease contract on the grounds of the Defendant’s delay of rent. As such, on April 18, 2016, the Plaintiff sent a content-certified mail to deliver the instant building by April 30, 2016, and the said mail reached the Defendant around that time.

C. Upon receipt of the notice of termination of the above lease agreement, the Defendant paid KRW 600,000 to the Plaintiff on April 29, 2016, under the name of rent and management expenses for one month.

[Ground of recognition] Facts without dispute, entry of Gap evidence, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, since the instant lease contract was terminated on the ground of the Defendant’s delay around April 18, 2016, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated in arrears and the overdue rent or the amount of unjust enrichment equivalent to the overdue rent from February 15, 2016 to April 30, 2016, which is KRW 1,500 [=60,000 (=50,000 KRW 50,500)] x 2.5] and the Plaintiff’s claim from May 3, 2016 to the completion date of delivery of the instant building (=50,000 KRW 50,500,000).

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.