1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant asserted as follows, and filed a claim against the Plaintiff for the payment of unjust enrichment at the rate of KRW 3.7 million per month from the day following the day of delivery of a copy of a complaint and the delivery of the real estate stated in the separate sheet by this court’s 2017da143585.

◎ 피고는 2002. 4.경 원고에게 별지 목록 기재 부동산을 임대차보증금 50,000,000원, 차임 월 300만 원, 기간 60개월로 정하여 임대하였다가 2012. 5. 6. 임대차보증금 55,000,000원, 차임 월 370만 원, 기간 2014. 10. 30.까지로 하는 임대차계약을 체결하였고, 위 계약은 묵시적으로 갱신되었다.

◎ 원고는 2016. 12.분부터 차임을 연체하여 2017. 12. 1. 기준 연체차임은 50,100,000원이다.

◎ 소장부본의 송달로 임대차계약을 해지한다.

B. From the conciliation procedure (2018ss.35191) referred to in the foregoing case, the following conciliation was concluded on May 24, 2018:

1. By June 13, 2018, the Plaintiff shall deliver to the Defendant the part of the building indicated in the attached list of real estate (AD cafeteria) attached to the complaint, which is indicated in the attached list of real estate (A D cafeteria) and the part indicated in the attached drawing (A) attached thereto, and the Defendant may perform remodeling construction work

2. By September 30, 2018, the Plaintiff shall deliver to the Defendant the remainder of the above building and the land indicated in the attached list of real estate attached to the complaint attached thereto.

3. The plaintiff introduces the defendant to lease the building and the land specified in paragraph 2 to a third party (minimum amount of KRW 100 million for lease deposit, monthly rent of KRW 2.5 million), and cooperates with the defendant to the maximum extent possible for the plaintiff to receive premiums.

4. On September 30, 2018, the Plaintiff shall pay 27.2 million won in arrears to the Defendant the remainder after deducting the security deposit by that time.

However, if the plaintiff fails to receive premiums, 10 million won shall be reduced.

5. In the event that the Plaintiff has paid the above paragraph 4 above, damages for delay shall be paid at the rate of 15% per annum from the following day to the date of full payment.

6. The defendant.