1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. 기초사실 원고가 별지 목록 기재 건물을 소유하고 있는 사실, 피고는 별지 목록 기재 건물 중 별지 도면 표시 ㈀, ㈁, ㈂, ㈃, ㈀의 각 점을 순차로 연결한 선내 부분 378㎡(이하 ‘이 사건 건물’이라고 한다)을 점유하고 있는 사실은 당사자 사이에 다툼이 없다.

2. The parties' assertion

A. On November 22, 2017, between C and the Defendant, the Plaintiff’s agent, entered into a contract for the lease of the instant building to the Defendant without a lease deposit. The Defendant paid only KRW 10,000,000,000 to the Defendant and did not pay the rent thereafter. As such, on April 5, 2019, the Plaintiff notified the Defendant of the termination of the lease agreement with the Plaintiff.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff upon termination of the lease agreement, and the Defendant filed a claim for unjust enrichment equivalent to monthly rent and rent from September 22, 2018 to September 22, 2018.

B. On November 22, 2017, the Defendant entered into a contract with the Plaintiff’s agent to lease the instant building. As such, the term of the contract is until March 31, 2020, the Plaintiff entered into a contract with the Plaintiff with a total of KRW 10,000,000 for the rent during the contract period without a deposit and paid the Plaintiff KRW 10,000 for lump-sum payment.

Therefore, since the defendant did not have any delay in rent, it is illegal to notify the termination of the above lease contract. Since the defendant has a legitimate title to occupy the building of this case during the lease contract period, the defendant does not have a duty to deliver the building of this case and to pay rent or unjust enrichment.

3. Determination

A. The fact that the Plaintiff’s agent C and the Defendant concluded a lease agreement between the parties to lease the instant building to the Defendant on November 22, 2017 does not conflict between the parties, but the said lease agreement is monthly for the two-year period of the contract.