1. The defendant shall receive KRW 5,225,367 from the plaintiff, and at the same time, the building stated in the attached Table shall be the plaintiff.

1. Basic facts

A. On March 30, 2007, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant building”) to the Defendant in KRW 20,000,000, monthly rent of KRW 2,000,000, and the monthly rent of KRW 2,200,000, and the monthly rent of KRW 2,200,000, respectively, from March 30, 2008, and from March 30, 201, the monthly rent of KRW 2,40,000, respectively.

(hereinafter “instant lease agreement”). B.

On September 18, 2015, the Plaintiff would terminate the instant lease agreement if the Plaintiff did not pay 9.7 million won overduely until September 25, 2015, to the Defendant as mobile phone.

‘The text message sent a photo verifying the content as stated in the same purport as the text message, and the above text message sent to the defendant on the same day.

C. The Defendant did not pay the arrears by September 25, 2015.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 5, evidence 11-1, 2, 12-1 through 4, purport of whole pleadings]

2. Determination

A. According to the above facts, the instant lease agreement was terminated on September 26, 2015, which was the day following September 25, 2015, which was determined by the Plaintiff as the due date for the payment of overdue rent. Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the overdue rent up to September 26, 2015. (2) The Plaintiff asserts that even after the termination of the instant lease agreement, the Defendant is obligated to pay the Defendant damages equivalent to the monthly rent or unjust enrichment by the date of completion of delivery of the instant building.

However, in a case where a lessee continued possession of a leased building after the lease agreement was terminated, but no substantial benefit was acquired due to the failure to use the leased building or make profit according to the original purpose of the lease agreement, even if the lessor suffered loss, the lessee’s obligation to return the leased object and the lessor’s default due to the termination of the lease agreement is not established.