1. The defendant shall be the plaintiff.

A. Of the 120 square meters of the building on the 2nd floor in the attached list, the current status of the attached building shall also be indicated 1,2,3,4,5.

1. 인정 사실 피고는 2002. 11. 27. 원고로부터 별지 목록 기재 건물 2층 120㎡ 중 별지 건축물 현황도 표시 1, 2, 3, 4, 5, 6, 7, 8, 1의 각 점을 차례로 연결한 선내 ㈎부분 41.84㎡(이하 ‘이 사건 건물’이라 한다)를 임대차기간을 정하지 않은 채 임차보증금을 100만 원, 차임을 월 35만 원(매월 27일 지급)으로 정하여 임차하는 내용의 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하고, 이 사건 건물을 점유, 사용하고 있다.

On November 27, 2015, the Defendant agreed to raise the difference between the Plaintiff and the Plaintiff as KRW 400,000 per month, and the Defendant paid the difference, but did not pay the difference from August 27, 2016.

Accordingly, on March 31, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the delayed rent by content-certified mail.

The content-certified mail reached the defendant around that time.

The sum of the rent in arrears by the Defendant until April 26, 2018 is KRW 4.2 million.

[Reasons for Recognition] Unsatisfy, Gap 2 and 3 evidence, the purport of the whole pleadings

2. On March 31, 2017, the instant lease agreement was terminated by the Plaintiff’s notice of termination on the ground of the Defendant’s delay of rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Plaintiff is obligated to pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 4,200,000 per month from April 27, 2018 to the completion date of delivery of the instant building from April 27, 2018, which was after the termination date of the instant lease agreement with the Plaintiff.

3. In conclusion, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff money calculated by the ratio of KRW 4.2 million to KRW 4 million per month from April 27, 2018 to the completion date of delivery of the instant building, and the Plaintiff’s claim is justified.