1. The defendant against the plaintiffs

(a) deliver the buildings listed in the annex;

B. 2,400,000 won and from March 30, 2020

(b).

1. Basic facts

A. On October 31, 2017, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, which was determined as KRW 5,000,000 per month, and KRW 600,000 per month of rent (payment in advance on August 30, 201), with respect to the buildings listed in the separate sheet (hereinafter “instant building”) in which the Plaintiffs shared each 1/2 shares, and entered into a lease agreement (hereinafter “instant lease agreement”). On August 31, 2018, the Plaintiffs concluded the lease agreement by setting the period as October 30, 2019 under the same condition.

B. Upon the Defendant’s delinquency in payment of rent three times or more, the Plaintiffs filed the instant lawsuit and expressed their intent to terminate the lease agreement to the Defendant, and the instant warden served the Defendant on January 28, 2020.

C. On June 1, 2020, the Defendant did not pay the Plaintiffs KRW 3,600,000 for a total of six-time rents up to the part of March 2020, and paid KRW 1,200,000 for two-time rents to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement appears to have been terminated at that time by reaching the Defendant on January 28, 2018, by the Plaintiffs’ declaration of termination on the grounds of the Defendant’s delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiffs, and return unjust enrichment of KRW 2,400,000 (= KRW 3,600,000 - KRW 1,200,000) from March 30, 2020 to the delivery date of the instant building, calculated at the rate of KRW 600,00 per month from March 30, 2020 (the rent payment date of April 2020) to the delivery date of the instant building.

B. The defendant's assertion asserts that the defendant shall claim damages against the plaintiffs on the ground of interference with collecting premiums.

However, the right to claim damages on the ground of interference with the collection of premiums stipulated in Article 10-4 of the Commercial Building Lease Protection Act is that the lessee is equal to the amount of rent for three times.