1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b)payment of KRW 4,200,000;

C. Newly Inserted by Presidential Decree No. 2890, Dec. 1, 2

Description of Claim

On May 20, 2017, the Plaintiff leased the real estate in the attached list (hereinafter “instant building”) owned by the Plaintiff to the Defendant as KRW 10 million per month and KRW 600,000 per month, and on the same day, delivered the instant building to the Defendant.

The defendant did not pay the rent from October 2017, and the unpaid rent by May 20, 2018 is KRW 4.2 million.

Accordingly, on August 17, 2018, a copy of the complaint of this case, stating that the Plaintiff terminated the lease contract on the grounds of the Defendant’s delinquency in rent, was served on the Defendant.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff upon termination of the lease to its original state, and to pay the unpaid rent of KRW 4.2 million until May 20, 2018.

In addition, the Defendant, from May 21, 2018 on the day following the above base date, is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent or rent, calculated by the ratio of KRW 600,000 per month from May 21, 2018 to the day the Defendant terminated the possession of the building of this case or the day the Plaintiff loses its ownership, whichever comes first.

Furthermore, inasmuch as the Defendant, while occupying and using the instant building, refused to perform the obligation to return unjust enrichment equivalent to the rent accrued continuously and repeatedly as the Defendant occupied and used the instant building and refused to perform the obligation to return unjust enrichment, it is anticipated that the Defendant would not perform the obligation to return unjust enrichment for which the due date comes from the date when the Defendant occupied the instant building or the Plaintiff’s loss of ownership, which

Therefore, the Plaintiff needs to claim in advance the portion of unjust enrichment that is due and payable in the future.

The plaintiff's ground for partial dismissal of the judgment without pleading (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act) claims unjust enrichment against the defendant from May 21, 2018 to the delivery date of the building of this case. However, in order to render a judgment ordering future performance, the due date for the performance of the obligation arrives in the future.