1. From October 20, 2016 to October 20, 2016, the Defendant indicated 1,2, and 3. of the attached Form No. 40,000 won from the Plaintiff as the Plaintiff’s KRW 40,00,00.

1. Facts of recognition;

A. On July 8, 2013, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) the lease deposit amount of KRW 40,00,000, monthly rent of KRW 2,300,00 (in the instant store, KRW 2,50,000) with respect to the 1,2,3,4,1 square meters of the attached Form on the land of 581,200 square meters of Ycheon-si (hereinafter “instant store”); (b) the lease term of KRW 24 months from August 20, 2013 to August 19, 2015 (hereinafter “instant lease agreement”).

B. The Defendant paid 40,000,000 won to the Plaintiff, and operated the store under the trade name of “D upon delivery of the instant store” around August 20, 2013, and thereafter, the said lease was explicitly renewed, and thereafter, the said lease was increased to KRW 2,50,000 (Additional Tax Table).

C. Meanwhile, the Defendant did not pay the monthly rent from October 2016.

Accordingly, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the service of the duplicate of the instant complaint was not paid. On April 13, 2017, the said warden served to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated on April 13, 2017 due to the Defendant’s delinquency in rent, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff, barring any special circumstance.

In addition, the Defendant is obligated to pay the Plaintiff the overdue rent and the amount of unjust enrichment equivalent to the rent in arrears, and according to the purport of the entire pleadings, the Defendant occupied and used the instant store while conducting business at the instant store even after the lease is terminated until the closure of the pleadings. As such, the Defendant, the lessee, has the right to possess and use the instant store until the delivery date of the instant store.