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1. The defendant shall be the plaintiff.
A. Of the three floors of the real estate listed in the attached list, the current status of the attached building shall also be indicated 1, 2, 3, 4, 5, 6.
Reasons
1. Facts of recognition;
A. On September 6, 2019, the Plaintiff and the Defendant entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 20,00,00, monthly rent of KRW 1,40,00 (excluding value-added tax), and from October 15, 2019 to October 14, 2021, on the three floors of the building listed in the attached Table owned by the Plaintiff, with the part of 224 square meters in the attached Table 1,2,3,4,5,6, and1 (hereinafter “instant agreement”).
B. Meanwhile, in the instant contract, the management expenses were to be settled at actual expenses, and the management expenses of the instant real estate are at least 600,000 won per month.
B. The Defendant occupies the instant real estate without paying rent and management expenses from January 2020.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant did not pay rent and management expenses for not less than five months, and on this ground, it is evident that the plaintiff expressed his intent to terminate the contract of this case to the defendant by serving a duplicate of the complaint of this case.
Therefore, inasmuch as the instant contract was lawfully terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff rent and management expenses or unjust enrichment equivalent to KRW 2,140,000, which the Plaintiff seeks from October 15, 2020 to the date of full payment, which was after the lease deposit was appropriated for the unpaid rent (i.e., monthly rent and value-added tax amounting to KRW 1,540,000,000).
3. As to the defendant's argument, the defendant asserts that the plaintiff suspended the payment of rent.
If the Plaintiff paid the Defendant the rent and management expenses incurred by May 2020, the fact that the Plaintiff would not file the instant lawsuit does not conflict between the parties.
However, the defendant has not yet been paid.