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

The defendant shall receive KRW 35,600,000 from the plaintiff at the same time.

1. On May 18, 2010, the basic facts C leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant. On June 23, 2010, the Defendant has resided until now since its relocation into the instant building.

On the other hand, the Plaintiff acquired ownership of the instant building from C on October 28, 2015, and succeeded to the lessor’s status.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, and 6 (including branch numbers; hereinafter the same shall apply), witness D's testimony, and the purport of the whole pleadings

2. On May 18, 2010, the Plaintiff asserted C and the Defendant concluded a lease agreement with a rental deposit of KRW 23 million and monthly rent of KRW 4.5 million. On October 24, 2011, the Plaintiff concluded a lease agreement with a rental deposit of KRW 27.8 million and monthly rent of KRW 400,000,000 and succeeded to C status thereafter.

However, the defendant did not pay monthly rent after October 24, 201. Thus, the defendant expressed his/her intention to terminate the lease contract by delivering a copy of the complaint in this case.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

In addition, since the defendant gains unjust enrichment equivalent to the monthly rent due to the possession and use of the building of this case, and suffered damages equivalent to the same amount from the plaintiff, the defendant is obligated to return the same from the day following the delivery of the copy of the complaint of this case to the delivery date of the building of

3. Determination as to the request for delivery of the instant building

A. As seen earlier, the Plaintiff and the Defendant, who succeeded to the status of the Plaintiff and the Defendant, enter into a lease agreement on the instant building. First, as alleged by the Plaintiff, we examine whether the Defendant had delayed payment of monthly rent more than twice and caused the cause of termination.

On the plaintiff's assertion that the contents of the lease contract are KRW 27,80,000 and monthly rent of KRW 4,50,000, the defendant tried to enter into a lease contract with no monthly rent at the time of entering into the lease contract on May 18, 2010.