건물인도 등
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the annex;
B. From July 1, 2014, the above real estate.
1. The fact that there is no dispute over the cause of the claim, and comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 2, the plaintiff, on August 25, 2011, leased real estate listed in the separate sheet (hereinafter "the apartment of this case") as KRW 6.1 million, KRW 400,000,000, monthly rent, and the lease period from September 1, 201 to 12 months. The defendant was delivered the apartment of this case on September 1, 201, but did not pay rent from that time to July 3, 2014. The plaintiff expressed his intention to terminate the lease contract of this case by delivery of a copy of the complaint of this case on the grounds of the defendant's delinquency in payment of rent, and the fact that the plaintiff delivered the copy of the complaint of this case to the defendant on September 28, 2015 can be acknowledged.
According to the above facts, the lease contract of this case was explicitly renewed, and was terminated on October 28, 2015 by the Plaintiff’s declaration of termination on the grounds of overdue rent not less than twice the Defendant, and thus, the Defendant is obliged to deliver the apartment of this case to the Plaintiff.
In addition, the Defendant gains from occupying and using the instant apartment even after the termination of the instant lease agreement. As such, upon the Plaintiff’s request, the Defendant is obliged to pay to the Plaintiff the rent or unjust enrichment equivalent to the rent of the building (the unjust enrichment from the use of and benefit from the building is confirmed to be the same amount as the rent of the building) calculated by the ratio of KRW 400,000 per month from July 1, 2014, which was deducted from the deposit due to the overdue rent, the entire deposit is extinguished, to the time the Defendant delivers the
2. The defendant's assertion is alleged to have paid the plaintiff a total of KRW 15,30,000 to the rent and deposit, so in addition to 13,30,000,000, which the defendant recognized prior to the payment to the plaintiff as rent and deposit (i.e., KRW 7,200,000,000,000,000,000).