1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the attached list, each point of 2, 3, 6, 1, 2, and 3 of the attached list.

1. Basic facts

A. On August 17, 2018, the Plaintiff issued an order to the Defendant.

The building mentioned in paragraph (1) (hereinafter “instant building”) entered into a contract under which the lease deposit amount is KRW 2 million, monthly rent is KRW 300,000 (payment on September 1, 2018), and the term of lease is set from September 1, 2018 to August 31, 2020 (hereinafter “instant lease contract”). The Defendant, around that time, paid the Plaintiff the deposit amount of KRW 2 million and began to occupy and use the instant building upon delivery from the Plaintiff on September 1, 2018.

B. From September 1, 2018, the Defendant did not pay that monthly rent to the Plaintiff. On May 31, 2019, the Plaintiff sent to the Defendant a content-certified mail stating that the instant lease contract is terminated due to the Defendant’s delinquency in monthly rent, and the said mail reached the Defendant around that time.

[Judgment of the court below] The ground for recognition is without merit, Gap 1 through 5, and the purport of the whole pleadings.

2. According to the above facts, the Defendant did not pay the monthly rent for at least three months as stipulated in the instant lease agreement. Thus, the instant lease agreement was lawfully terminated around that time by the Plaintiff’s notice of termination on May 31, 2019, on the ground of the instant lease agreement.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Defendant takes advantage of the unjust enrichment equivalent to the monthly rent by occupying and using the instant building in accordance with the terms and conditions stipulated in the instant lease agreement, and thereby, thereby causing damage to the Plaintiff equivalent to the same amount. Accordingly, the Defendant is obligated to pay to the Plaintiff unjust enrichment of KRW 3.9 million (3 million x 13 months), calculated by deducting the amount of the lease deposit from the amount of monthly rent in arrears from the amount of KRW 3.9 million (3 million x 13 months) and the amount of the lease deposit in excess of the amount of monthly rent in arrears from September 1, 2018 to September 30, 2019, which is presumed to be the amount equivalent to the monthly rent from October 1, 2019 to the date the delivery of the instant building is completed.

The defendant is the plaintiff.