1. From November 25, 2019, the Defendant shall have a vinyl house of 230 square meters on the ground of 5,000 square meters from the Plaintiff at KRW 5,00,00,00.

1. Facts of recognition;

A. On September 10, 2016, the Plaintiff leased the instant vinyl to the Defendant by setting the lease deposit amount of KRW 5 million, the lease deposit period from September 25, 2016 to September 24, 2017, and the rent amount of KRW 700,000 per month from September 25, 2016.

(hereinafter “instant lease agreement”). B.

At the time of the conclusion of the instant lease agreement, the Defendant paid KRW 5 million to the Plaintiff as the lease deposit, and occupied and used the instant vinyl house by being handed over.

C. The instant lease agreement was continuously renewed, and the Defendant continued to delay the rent from February 2019, and the Plaintiff requested the Defendant to pay the rent of KRW 8.4 million, which was overdue, around July 10, 2019, and at the same time notified the termination of the said lease agreement on the ground that the rent was overdue.

Even after the notice of termination, the Defendant occupied the instant vinyl, and paid the Plaintiff the amount equivalent to the rent by November 24, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the above facts finding as to the plaintiff's claim, the defendant did not pay the rent under the lease agreement of this case, and the plaintiff notified the termination thereof, so the lease contract of this case was lawfully terminated.

Therefore, the Defendant is obligated to deliver the instant vinyl to the Plaintiff, and is obligated to pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 700,000 per month from November 25, 2019 to the completion date of delivery of the said vinyl house.

However, while the Plaintiff is obligated to return the lease deposit to the Defendant, the Plaintiff asserted the deduction of the Defendant’s unpaid unjust enrichment from the lease deposit. As such, the Defendant received money from the Plaintiff after deducting the amount of unjust enrichment calculated at the rate of KRW 700,000 per month from November 25, 2019 to the completion date of the delivery of the instant vinyl house.