1. The defendant shall receive KRW 5,000,000 from the plaintiff and at the same time indicate the attached real estate to the plaintiff.

1. Basic facts

A. On July 8, 2013, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the condition that the building indicated on the attached property, which is a commercial building (hereinafter “instant building”) was leased to the Defendant as KRW 5,000,000, KRW 250,000, and the period from July 8, 2013 as the lease deposit amount, KRW 250,000, and KRW 24 months.

B. On July 8, 2013, the Defendant paid KRW 5,000,000 to the Plaintiff, and used the instant building upon delivery from the Plaintiff.

C. The instant lease agreement is every year.

7.8.Around July 7, 2019, the period was implicitly renewed and extended by July 7, 2019.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion that the instant lease agreement expired on July 8, 2019, and the term of the lease expired, and otherwise, the instant lease agreement was not renewed.

Therefore, since the lease contract of this case was terminated, the defendant is obligated to deliver the building of this case to the plaintiff and return unjust enrichment equivalent to the rent by the completion date of delivery of the building of this case to the plaintiff.

B. The Defendant asserted that the instant lease contract was renewed pursuant to Article 10(1) and (2) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) since the Defendant demanded the Plaintiff to renew the instant lease contract at the time of the expiration of the instant lease contract.

3. Determination

A. Comprehensively taking account of the above facts as to the Plaintiff’s cause of claim, the instant lease agreement expired on July 7, 2019, barring any special circumstance, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff at the same time with refund of KRW 5,00,000 from the Plaintiff, and the Plaintiff was unjustly unjust enrichment equivalent to KRW 250,000 per month from July 8, 2019 to the completion date of delivery of the instant building.