1. The judgment of the court of first instance is modified as follows.

The defendant shall use the building C on the ground of Jeonyang-gun, Jeonyang-gun.

1. Basic facts

A. On May 13, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease of the building C on the grounds that deposit amounting to KRW 20 million, monthly renting KRW 1100,000,000, and the lease period from June 1, 2016 to May 31, 2018, and received delivery of the instant building by paying deposit money to the Defendant.

B. The Plaintiff used the instant building as the office of the Dispute Resolution Co., Ltd (hereinafter referred to as “D”), which is its representative, and newly constructed a new building in the name of D and completed the construction on October 12, 2017 and transferred the building to the said newly constructed building.

【Ground of recognition】 The fact that there is no dispute, Gap's evidence Nos. 1 and 4, the purport of the whole pleadings

2. The parties' assertion

A. A. Around August 2017, the Plaintiff was unable to operate D on the instant building, and the Plaintiff notified the Defendant of the termination of the instant lease agreement and delivered the instant building to the Defendant on October 10, 2017 on the grounds of the water leakage.

Therefore, since the lease contract of this case was terminated by the notice of termination, the defendant is obligated to pay to the plaintiff the lease deposit amount of KRW 20 million and the delay damages.

B. Defendant 1’s instant lease agreement was terminated due to the lapse of the lease term, not the Plaintiff’s notice of termination.

② The Plaintiff did not deliver the instant building to the Defendant, and at the same time, the Plaintiff transferred the instant building to the Defendant, and at the same time the Defendant returned the lease deposit.

③ The amount of unjust enrichment equivalent to the rent of KRW 12,100,000,000 for unpaid rent during the lease period, the cost of restitution, and the amount of unjust enrichment equivalent to the rent of KRW 1,100,000 for each month from the date following the completion date of the instant lease contract to the completion date of delivery of the instant building shall be deducted from the above lease deposit

3. Determination

A. Return 1) “A” Nos. 2 and 3 (including the serial number) shall be the sole statement on August 2017.