1. The defendant shall be the plaintiff.

(a) deliver apartment buildings listed in the separate sheet;

B. From August 29, 2018, the above apartment is located.

1. Facts of recognition;

A. On May 22, 2016, the Plaintiff leased the apartment as indicated in the order (hereinafter “instant apartment”) to the Defendant by setting the deposit of KRW 185,00,000 per month, the rent of KRW 220,00 per month, and the period from August 29, 2016 to August 28, 2018.

B. On August 20, 2017, the Plaintiff sold the instant apartment in KRW 388,60,000 to the Defendant; however, 146,140,000 out of the remainder and the down payment of KRW 38,860,00,000, the remainder was paid as the deposit for lease and the remainder was paid until August 29, 2018.

On October 24, 2018, the defendant's son succeeded to the status of purchaser under the above sales contract by mutual agreement with the plaintiff.

C. Since D did not pay the remainder under the above sales contract, the Plaintiff notified D of November 9, 2018 that the sales contract was terminated, and D did not pay the remainder even after D’s termination.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The lease of the instant apartment was terminated on August 28, 2018.

Since then, the defendant occupied the apartment house in the status of the purchaser of the apartment of this case.

However, as D’s succession to the buyer’s status from the Defendant delayed the payment of the balance, the Plaintiff notified the rescission of the above sales contract, and the Plaintiff did not pay the balance even after the cancellation, and the Plaintiff expressed its intent to cancel the above sales contract as the instant lawsuit.

Therefore, the apartment sales contract of this case was lawfully rescinded on December 21, 2018, when the copy of the complaint of this case, stating the Plaintiff’s declaration of intent to cancel the sales contract, was delivered to the Defendant and D.

Thus, since the defendant lost the right to occupy the apartment of this case, it is obligated to deliver the apartment of this case to the plaintiff and return the unjust enrichment of KRW 220,000 per month from August 29, 2018 to the completion date of delivery, which is the day following the expiration date of the lease of the apartment of this case.

3. The defendant's assertion and judgment.