1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the Attached Map 1, 2, 3, 4 and 1.

1. Determination on the cause of the claim

가. 인정사실 1) 원고는 2015. 6. 30. 피고와 사이에, 원고 소유의 별지 목록 기재 부동산 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 차례로 연결한 선내 ㈎ 부분 595㎡(이하 ‘이 사건 부동산’이라 한다

) The lease deposit is KRW 40 million (the lease deposit shall be paid until November 30, 2015 after the occupancy of the lease deposit).

(A) A lease agreement (hereinafter referred to as “instant lease agreement”) with a monthly rent of KRW 3 million (excluding value-added tax), the lease period from August 1, 2015 to August 1, 2017, which is fixed and leased (hereinafter referred to as “instant lease agreement”).

(2) Around August 1, 2015, the Defendant acquired the instant real estate from the Plaintiff and occupied and used the instant real estate from around that time to the date of closing argument. From February 14, 2016, the Defendant did not pay the Plaintiff rent.

3) On the ground of delinquency in rent, the Plaintiff notified the Defendant of the termination of the instant lease agreement by serving the application for modification of the purport of the claim and the cause of the claim as of December 9, 2016. [Grounds for recognition] of the absence of dispute, Gap 1, 2, 4, and 7 (each entry, including the serial number, and the purport of the entire pleadings).

B. According to the above facts of determination, it can be acknowledged that the Defendant’s delay amount reaches the two-year rent until the Plaintiff notified the termination of the instant lease agreement by serving the purport of the claim as of December 9, 2016 and the application for modification of the cause of the claim as of December 9, 2016, and the fact that the above claim and the application for modification of the cause of the claim, which contain the Plaintiff’s expression of intent to terminate the instant lease agreement, were delivered to the Defendant on January 10, 2017, are apparent in the record. Thus, the instant lease agreement was lawfully terminated due to the Defendant’s delay.

Therefore, the Defendant handed over the instant real estate to the Plaintiff, and, from February 14, 2016 to the completion date of the delivery of the instant real estate, paid a rent of KRW 3,300,000 per month or unjust enrichment equivalent to the rent.