건물인도 등
1. The Defendant shall deliver to the Plaintiff the building indicated in the attached list, and the said building from 12,833,333 won and May 21, 2015.
On May 27, 2011, the Plaintiff and the Defendant concluded a lease contract with a lease deposit of KRW 20,00,000, monthly rent of KRW 800,000 (excluding KRW 50,000,000,000 each month) and by June 24, 2013. The Defendant occupied the said real estate by delivery around that time. The Plaintiff and the Defendant increased the monthly rent of KRW 1,00,000 from July 2013 to June 2013. The Defendant paid only the rent of KRW 1,00,000 to the Plaintiff by June 2015, the Plaintiff paid the rent of KRW 10,00,000 to the Plaintiff on May 20, 2015, and the Plaintiff did not pay the rent of KRW 50,000 to the Plaintiff on March 6, 2015 to the effect that the lease contract was terminated on or around June 16, 2015.
According to the above facts, the above lease agreement was terminated by the Plaintiff’s expression of intention of termination, and the above KRW 10,000,000 that the Defendant paid to the Plaintiff was appropriated for the rent for ten months from June 26, 2013 to April 25, 2014, which was unpaid by the Defendant.
As such, the Defendant is obligated to deliver the said real estate to the Plaintiff, and pay the unpaid rent of 12,833,333 won from April 26, 2014 to May 20, 2015 (i.e., x 1,00,000 won each monthx below the original, and the rent of 1,00,000 won each month from May 21, 2015 to the delivery date of the said real estate, and to pay the amount of unjust enrichment equivalent to the rent of 1,00,000 won each month.
(The plaintiff claimed 14,00,000 won as the unpaid rent, but as seen above, the unpaid rent that the defendant did not pay is 12,83,333 won, and thus the exceeding part is dismissed). Thus, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.