1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. 10,263,33 won and above from July 2, 2020

(b).

Facts of recognition

On March 19, 2018, the Plaintiff entered into a lease agreement with the Defendant, who delegated Nonparty C as his/her agent, on the attached real estate (hereinafter “instant real estate”), with respect to the lease deposit of KRW 30 million, monthly rent of KRW 320 million (hereinafter the same shall apply), and from March 22, 2018 to March 21, 2020, the lease term of KRW 320,000,000 (hereinafter the “instant lease agreement”) to the Defendant, on condition that the lease agreement was concluded between the Defendant and the Defendant, with a two-month construction period given from May 22, 2018 to receive KRW 3.3 million (hereinafter the “instant lease agreement”).

The Defendant was handed over the instant real estate from the Plaintiff based on the instant lease agreement.

The Defendant delayed the payment of rent to the Plaintiff under the instant lease agreement.

On September 10, 2019, only rent was paid from May 21, 2019.

Accordingly, on September 10, 2019, the Plaintiff sent to the Defendant a certificate of content indicating that the instant lease contract is terminated on the grounds of the delinquency of rent for at least three years, and on September 17, 2019, the said certificate of content reaches the Defendant.

Then, on November 26, 2019 and January 22, 2020, the Plaintiff sent to the Defendant a certificate of the content that the instant lease contract was terminated on the grounds of the delinquency in payment of rent for at least three years, and the Plaintiff’s content certificate reached each of the Defendant on November 29, 2019 and January 28, 2020.

The Defendant paid the Plaintiff KRW 79,263,33 won (==89,283,333 - 79,020,000 won) out of the total amount of rent or unjust enrichment equivalent to rent from May 22, 2018 to July 1, 2020 under the instant lease agreement, and paid the Plaintiff KRW 10,263,333 won (= KRW 89,283,333 - KRW 79,020,00). After then, the Defendant did not receive unjust enrichment equivalent to rent from July 2, 2020.

On the other hand, the defendant occupies and uses the real estate of this case until now.

[Ground of recognition] Facts without dispute, Gap's 1 to 3, 5 to 7, 9, 10 evidence, and Eul's 5 to 8.