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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 1, 2018, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 20 million, KRW 1450,000,000 per month of rent (excluding value-added tax), and KRW 55,000,000 from July 1, 2018. The Defendant did not pay the rent from April 1, 2019 while occupying the instant building.
Therefore, since the Plaintiff terminated the above lease contract pursuant to Article 10 of the Commercial Building Lease Protection Act, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the rent and unjust enrichment equivalent to the rent, calculated by the ratio of KRW 1,540,000 per month from April 1, 2019 to the delivery of the instant building (the first Plaintiff sought payment of KRW 1,060,000,000, not paid from July 1, 2018 to March 31, 2019 through the complaint, and the Plaintiff changed to the purport that the Plaintiff sought payment of the rent and the rent from April 1, 2019 to the delivery of the instant building, and the Defendant failed to perform its obligation to restore the instant building to its original state despite the termination of the above lease contract. Therefore, the Plaintiff is obligated to pay damages equivalent to KRW 1,353,00,000,000 for the expenses of restitution to its original state.
(The plaintiff's ground of claim is not clear, but it is decided to the purport of claiming damages (the plaintiff's ground of claim). 2.
A. According to the evidence No. 1-1 as to the Plaintiff’s assertion of unjust enrichment equivalent to the delivery, rent, and rent of the instant building, the Plaintiff’s assertion that the instant building was leased between the Defendant and the Defendant on July 1, 2018 and the lease deposit amount of KRW 20 million, monthly rent of KRW 140,000, and five years from the date of delivery of the instant building; hereinafter “the Plaintiff’s assertion that the instant building was leased between the lease contract and rent of the Plaintiff.”