1.The judgment of the first instance shall be modified as follows:

The defendant shall receive KRW 10,069,196 from the plaintiff.

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence Nos. 1, 2, and 3, taking into account the whole purport of the pleadings.

On March 16, 2016, the Plaintiff entered into a contract with the Defendant under which the real estate indicated in the attached Form (hereinafter “instant real estate”) was leased to the Defendant by setting the lease deposit of KRW 25 million, monthly rent of KRW 1 million, and the lease term from April 8, 2016 to April 7, 2018 (hereinafter “instant lease contract”).

B. After receiving the instant real estate from the Defendant around April 8, 2016, the Defendant paid the Plaintiff a rent of KRW 1 million on May 27, 2016, KRW 500,000,000 on June 28, 2016, KRW 1500,000 on August 10, 2016, KRW 100,000 on August 22, 2016, and KRW 500,000 on September 30, 2016, only the rent that occurred by September 7, 2016.

C. On December 13, 2016, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would terminate the instant lease agreement on the grounds that the said three-year period is overdue, and the said declaration of intent of termination reached the Defendant around December 20, 2016.

The defendant currently has the key to the real estate of this case.

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated upon the Plaintiff’s declaration of intention to terminate on December 13, 2016 to the Defendant around December 20, 2016, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and as the Plaintiff seeks, pay the Plaintiff the amount of KRW 6 million in total, out of the overdue rent and the amount of KRW 7 million in arrears, which occurred from September 8, 2016 to April 7, 2017, from September 8, 2016 to April 7, 2017, and the delivery of the said real estate was completed at the rate of KRW 1 million from April 8, 2017 to the completion of the delivery of the said real estate.

However, with respect to the part of the plaintiff's claim for unjust enrichment, without legal grounds.