1. The defendant shall be the plaintiff.

가. 별지 목록 기재 건물 중 2층의 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㅊ, ㅋ, ㅌ,...

1. Facts of recognition;

A. On December 23, 1992, D newly constructed a building on the attached list (hereinafter “instant building”) with permission from the head of Dongjak-gu with the head of the Gu, and on the grounds of the extension of the rooftop tower and balcony without permission, D was unable to complete the registration of ownership preservation due to failure to obtain the completion inspection and approval for use.

The plaintiff acquired the building of this case from D and completed the change of the owner's name under the above construction permit.

나. 원고는 2013. 2. 21. 피고와 이 사건 건물 중 2층 C호(별지 도면 표시 ㄱ, ㄴ, ㄷ, ㅊ, ㅋ, ㅌ, ㅍ, ㄱ의 점을 차례로 연결한 선내 ㉮, ㉯ 부분 합계 46.47㎡, 이하 ‘C호’)에 관하여 임대차보증금 1,000만 원, 월차임 40만 원으로 정하여 임대차계약(이하 ‘이 사건 임대차계약’)을 체결하고, 이에 따라 C호를 피고에게 인도하여 현재에 이르기까지 피고가 이를 점유사용하고 있다.

C. According to the instant lease agreement, when the lessee fails to pay the rent for at least two consecutive periods, the lessor is entitled to terminate the contract.

From March 20, 2015, the Defendant’s delay in payment of rent after March 20, 2015 and the amount equivalent to the rent or rent in arrears until October 19, 2017 reaches KRW 10 million in total.

On December 6, 2016, the Plaintiff sent to the Defendant a notice of termination of the instant lease agreement on the grounds of the Defendant’s delinquency in rent, and reached the Defendant around that time.

[Reasons for Recognition] Unsatisfy, entry of Gap 1-6 evidence, appraiser E's appraisal result, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, since the instant lease agreement was lawfully terminated on the grounds of the Defendant’s delinquency in rent for more than two years, the Defendant delivered the Plaintiff with subparagraph C according to the termination of the lease, and as the Plaintiff seeks by deducting the overdue interest from the lease deposit, unjust enrichment equivalent to KRW 400,000 per month from October 20 to the completion date of the delivery of subparagraph C from October 2017.