1. The judgment of the court of first instance is modified as follows.

The defendant shall pay KRW 3,583,333 to the plaintiff.

B. The plaintiff.

1. Basic facts

A. On October 29, 2018, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant store”) with a deposit of KRW 35 million, monthly rent of KRW 190,000 (after payment, monthly rent of KRW 29,000,000) and the lease period from October 29, 2018 to October 29, 2020 (hereinafter “instant lease agreement”).

B. Around that time, the defendant has been transferred the store of this case and continues its business until now.

C. By March 29, 2019, the Defendant delayed to pay a total of KRW 4.5 million to the Plaintiff, and thereafter, the Plaintiff paid KRW 3 million on April 3, 2019, KRW 2.6 million on May 9, 2019, and KRW 2.6 million on June 4, 2019.

The Plaintiff sold the instant store to D and E on July 25, 2019, and they succeeded to the existing lease relationship with respect to the instant store and received a rent from the Defendant.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings

2. Determination

A. The purport of the Plaintiff’s assertion was to terminate the instant lease agreement on the basis of the overdue charge, and thus, the Defendant is obligated to deliver the said store to the Plaintiff, and to pay KRW 4.5 million in arrears from March 30, 2019 to March 29, 2019 and KRW 1.9 million per month from March 30, 2019 to the date the delivery of the said store is completed.

B. Determination 1) The Plaintiff sold the instant store to D and E, and since D and E are paid rent from the Defendant by succession to the existing lease relationship, it is reasonable to deem that the Defendant performed the duty to deliver the instant store to the Plaintiff. Therefore, this part of the Plaintiff’s assertion is without merit. 2) The Defendant is obligated to pay the Plaintiff the Plaintiff a rent or unjust enrichment equivalent to the rent up to July 24, 2019, and the amount is KRW 11,783,333 [ = 4,50,000 won in arrears from March 29 to July 24, 2019] calculated at the ratio of KRW 7,283,3333 [1,90,000 in = 11,783,3330,000 won in arrears from March 30, 2019 to July 24, 2019].