부동산 인도 등
1. The defendant shall be the plaintiff.
(a) deliver each real estate listed in the separate sheet;
B. From October 1, 2014, the above-mentioned A
(b).
1. Facts of recognition;
A. On January 12, 2013, the Plaintiff leased each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Plaintiff to the Defendant as the lease deposit amounting to KRW 5,000,000, monthly renting KRW 800,000 (prepaid payment, monthly renting KRW 25,00) and the lease term is set at 24 months from the date of delivery (hereinafter “instant lease agreement”), and around that time, handed over each of the said real estate to the Defendant.
B. From February 25, 2013 to August 6, 2014, the Defendant paid to the Plaintiff KRW 10,900,000 in total as the rent under the instant lease agreement, and did not pay to the Plaintiff thereafter.
C. The Defendant occupied and used each of the instant real estate until the closing date of the pleadings of the instant case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination as to the cause of action
A. According to the fact that the instant lease agreement was terminated, the instant lease agreement was implicitly renewed. However, it is evident that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of the termination of the instant lease agreement on November 14, 2016, was served on the Defendant on the grounds that the Plaintiff had failed to pay rent for at least two years. Thus, the said lease agreement was lawfully terminated on November 14, 2016.
(A) The defendant asserts that the defendant did not pay the rent with the agreement of the plaintiff or with the consent of the plaintiff, but there is no evidence to acknowledge it, and the defendant's above assertion is without merit).
Unless there exist special circumstances, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff, inasmuch as the instant lease agreement was lawfully terminated.
C. The instant lease contract was lawfully terminated on November 14, 2016 and terminated upon determination of the claim for overdue rent and unjust enrichment equivalent to rents.