1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

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

B. 5,878.

1. Basic facts

A. On April 25, 2013, C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) agreed to the Defendant that “The rent shall be increased by 7% of the rent by reflecting the rate of inflation every two years from May 10, 2013, which is the remainder of the rent, in consideration of the lease deposit amount of KRW 20,00,000, KRW 200,000 (value-added tax separate, and the last day of each month) and the lease term of KRW 1,20,000 (payment after the last day of each month).” At the same time, the said parties agreed that “The rent shall be increased by 7% of the rent” from May 10, 2013 to May 9, 2015.

(hereinafter referred to as the “instant lease contract”) B.

On December 16, 2016, the Plaintiff purchased the instant building from Nonparty Company, and completed the registration of ownership transfer based on sale on December 19, 2016. At that time, the Plaintiff succeeded to the lessor’s status of the instant lease agreement.

C. On February 8, 2018, the Plaintiff notified the Defendant that he/she would not wish to renew the instant lease agreement, and that he/she would restore the instant building to its original state and deliver it until May 9, 2018, which is the expiration date of the lease term.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 6, Eul evidence 4, the purport of the whole pleadings

2. Determination on the main claim

A. As seen earlier, the Plaintiff expressed his/her intent to refuse the termination of the instant lease agreement and the renewal thereof to the Defendant. As such, the instant lease agreement was terminated on May 9, 2018.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

B. (1) The Plaintiff’s assertion regarding the claim for return of unjust enrichment equivalent to rent and rent (1) against the Defendant. ① The Plaintiff’s assertion is the secondary set of the Plaintiff’s assertion from December 31, 2016 to April 30, 2017, in the aggregate of KRW 847,000 (=2,420,000 / 00 x 0.07 x 0.07 x 5 months) under the agreement on the increase of rent pursuant to the agreement on the increase of rent from December 31, 2016 to April 30, 2017, which was after the Plaintiff acquired ownership of the instant building.