1. The defendant shall be the plaintiff.

(a) deliver the second floor of 117.52 square meters among the real estate listed in the attached list;

(b)24,079,999 and

1. Basic facts

A. On April 2013, the Plaintiff leased the instant real estate to the Defendant without a deposit, setting the lease period of KRW 1 million per month, and two years from April 20, 2013.

B. On April 27, 2013, the Defendant wired the Plaintiff a total of KRW 72.8 million from April 27, 2013 to January 31, 2019, including transfer of KRW 1.3 million and KRW 1 million from June 3, 2013, to the Plaintiff, and the Defendant decided to substitute the rent for the construction cost of sewerage on July 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff and the Defendant agreed to raise the rent of KRW 1.6 million from June 2015.

Since the Defendant did not pay a long-term rent, the Plaintiff’s lease contract between the Plaintiff and the Defendant is terminated by serving a duplicate of the instant complaint.

Therefore, the Defendant should deliver the instant real estate to the Plaintiff and pay the unpaid rent.

B. On November 2015, the Defendant’s assertion that the Plaintiff unilaterally raised the rent at KRW 1.6 million per month. Around April 2019, the Plaintiff agreed with the Defendant to KRW 1.3 million per month as a monthly rent.

The Plaintiff should recognize as a security deposit the facility cost of KRW 21 million paid by the Defendant for the stairs of the second floor of the instant real estate and the toilet construction cost.

3. Determination

A. Since there is no dispute between the parties on the termination of a lease agreement and the Defendant’s obligation to deliver the leased object two or more times, the lease agreement between the Plaintiff and the Defendant was lawfully terminated on March 15, 2019 when the Defendant was served with the complaint of this case.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. According to the facts of recognition of the obligation to return unpaid rent or unjust enrichment equivalent to the unpaid rent, the Defendant shall pay the Plaintiff the unpaid rent during the lease term and the unjust enrichment equivalent to the rent from the date of delivery of the instant real estate after the termination of the lease contract.