1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 30,177,851 and its related thereto, June 2018.

1. Facts of recognition;

A. On October 4, 2016, the Plaintiff leased real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant, with the lease deposit of KRW 30 million, KRW 24 million per month, KRW 2.4 million per month, and the lease term from October 4, 2016 to October 10, 2018.

(hereinafter referred to as "the lease of this case")

The sum of rent in arrears by the Defendant from October 4, 2016 to May 3, 2018 is 3,4320,000 won.

Therefore, the defendant's argument that the overdue rent is the second rent or the 1,8480,000 won is not accepted.

The sum of the unpaid management expenses for the instant real estate from November 2016 to March 2018 is KRW 11,604,920.

The Defendant operated a restaurant in the instant real estate, and suspended its business from November 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. (1) According to the above facts, the instant lease agreement was lawfully terminated on June 21, 2018, on which the copy of the complaint of this case stating the Defendant’s declaration of intention to cancel the lease on the grounds of delinquency, such as rent, etc. as above, and thus, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the sum of the overdue rent and management expenses (= KRW 45,924,920) up to May 3, 2018.

(2) The Plaintiff sought a return of unjust enrichment equivalent to the overdue rent or rent calculated at the rate of KRW 2.64,00 (including value-added tax) per month from May 4, 2018 to June 21, 2018. Thus, the Plaintiff was not obliged to pay to the Plaintiff the overdue rent of KRW 4,252,931 (=2.640,000 x 12 months x 365 days x 365 days x 49 days x 21 June 21, 2018, but after the lease contract was terminated.