건물인도 등
1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. From September 16, 2014, the foregoing paragraph (a) is described.
1. Determination as to the cause of claim
A. On May 19, 2012, the Plaintiff entered into a lease agreement with the Defendant on May 19, 2012, under which the term of the lease was extended from May 30, 2012 to May 30, 2013, with the term of the lease deposit of KRW 10,000,000 per month, and KRW 650,000 per month, and the term of the lease was from May 30, 2012 to May 30, 2013; however, on October 29, 2013, the Plaintiff agreed to extend the term of the lease to May 30, 2014 and to change the term of the lease to KRW 60,00 per month.2) The Defendant demanded the Plaintiff to return the lease deposit to the Defendant on June 5, 2014, and the Plaintiff returned the lease deposit to the Defendant on July 25, 2014.
3) The Defendant, while occupying the instant building until now, did not pay the Plaintiff rent from June 30, 2014. [The fact that there is no dispute over the grounds for recognition, entries in Gap evidence 1 through 6, and the purport of the whole pleadings.]
B. According to the above facts of determination, since the instant lease agreement was terminated on June 2014, the Defendant is obligated to deliver the instant building to the Plaintiff and return the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 600,000 per month from June 30, 2014 to the delivery date of the instant building.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that only KRW 8,500,000, out of KRW 10,000,000, was returned by the Plaintiff, cannot deliver the instant building.
B. The lessee has a defense to refuse the return of the leased object until the lessor has returned the deposit, but on the other hand, the amount of overdue rent or unjust enrichment equivalent to the rent payable by the lessee is naturally deducted from the lease deposit to be returned by the lessor.
As seen earlier, the Defendant is obligated to return unjust enrichment equivalent to the rent calculated at the rate of KRW 600,000 per month from June 30, 2014 to the completion date of delivery of the building of this case, and KRW 1,500,000 unpaid by the Plaintiff is the Defendant.