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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) pay 8,723,000 won;
2...
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
3. The portion of partial dismissal (the portion of claim for return of unjust enrichment equivalent to rent after termination of the lease contract) refers to the substantial benefit in the return of unjust enrichment on the ground that the benefit accrued without any legal ground. Thus, in a case where the lessee continuously occupied the leased building after the lease contract relationship was terminated, but the lessee did not obtain substantial benefit because he did not use or make profit from the leased building in accordance with the original purpose of the lease contract, even if the damage was incurred to the lessor, the lessee’s obligation to return unjust enrichment is not established. The same applies to the case where the lessee failed to use or make profit from the leased building due to the lessee’s
(See Supreme Court Decision 98Da8554 Decided July 10, 1998). In this case, the Health Center and the instant lease agreement were lawfully terminated upon arrival of the Defendant on March 22, 2018 by the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the contract on the grounds of overdue arrears, but there is no evidence to prove that the Defendant uses or benefits from the real estate indicated in the order after the termination of the said lease agreement in accordance with the original purpose of the lease agreement. Therefore, the Plaintiff’s assertion seeking the return of unjust enrichment equivalent to the rent after March 23, 2018 is without merit.
[Final State and the amount that the Defendant is liable to pay to the Plaintiff shall be KRW 8,723,00 for six months from September 20, 2017 to March 22, 2018 [The amount is KRW 8,723,000 [=1430,000 x (63/30)];