1. The defendant shall pay KRW 2,975,806 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

1. Facts of recognition;

A. On September 1, 2017, the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff, which stipulates the lease deposit amount of KRW 5 million, monthly rent of KRW 2.5 million, and KRW 2.5 million as the down payment on the same day, with respect to the (A) part of the retail store in the attached Form No. 1, 2, 3, 4, and 1 (hereinafter “instant real estate”) connected each point in sequence among the real estate listed in the attached Table No. 1, 2, 3, 4, and 1, which was owned by the Plaintiff, and paid KRW 2 million as the down payment on the same day.

B. The Defendant did not pay to the Plaintiff the remainder of the deposit amount of KRW 3 million and monthly rent, and the Plaintiff returned one million out of the deposit that was paid to the Defendant on November 12, 2017 to the Defendant and returned the remainder of KRW 1 million after the directors. Accordingly, the Plaintiff notified the Defendant that he would cancel the instant contract.

C. On November 1, 2018, the Plaintiff sold real estate listed in the separate sheet to C, and completed the registration of ownership transfer with respect to the said real estate to C on December 28, 2018.

The Defendant has occupied and used the instant real estate until the Plaintiff transferred the ownership of the said real estate to C.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition, the instant contract was rescinded on November 12, 2017 by the Defendant’s nonperformance of obligation and the Plaintiff’s declaration of intent to cancel the contract accordingly, and the rent for the instant real estate is confirmed to be the same even after the rescission of the instant contract.

From January 1, 2018, the day following the day when the balance of the deposit is fully appropriated to the Plaintiff, the Defendant is obligated to pay the Plaintiff the rent, calculated by the ratio of KRW 2,975,806,00 per month from January 1, 2018 to December 28, 2018, equivalent to the rent of KRW 2,975,806 [=250,00 won + 11 +28/31), and the rent of less than KRW].

On the other hand, the Plaintiff sought a payment of unjust enrichment equivalent to the rent until the Defendant delivers the instant real estate.