Text
1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
(b) Paragraph (a) from February 16, 2018 and Paragraph (8) of this Article.
Reasons
1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 5:
On February 16, 2015, the Plaintiff leased a building listed in the attached list (C) to the Defendant (hereinafter referred to as “instant building”) with a deposit of KRW 10 million, KRW 50,000 per month (payment on January 1), and the period from February 16, 2015 to February 15, 2018.
During the lease term, the management expenses to be paid to the prosperity conference were borne by the defendant.
B. At the time of the above lease, the lessor could terminate the contract if the lessee did not pay the rent to the second time.
C. The Defendant did not pay the rent for the lease term after July 16, 2015.
The defendant's overdue management fee is 1,739,160 won in total.
E. The defendant is occupying and using the building of this case until now.
2. Determination
A. According to the facts of the above recognition as to the claim for delivery of a building, the plaintiff acquired the right to terminate the lease agreement, and the fact that the copy of the complaint of this case stating the plaintiff's declaration of intent to terminate the lease agreement was delivered to the defendant on July 4, 2018 is clearly recorded, so the above lease agreement was lawfully terminated and terminated.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff as the return of the leased object.
B. According to the facts found in the judgment on the claim for rent and overdue management expenses, the Defendant is obligated to pay to the Plaintiff the sum of KRW 1,705,050,000,000 from July 16, 2015 to February 15, 2018 (i.e., KRW 550,000 per month x 31 month) minus the deposit amount of KRW 10,000,000,000 for which the Plaintiff was entitled to deduction, and the overdue management expenses of KRW 1,739,160.
C. According to the facts of the above recognition as to the claim for unjust enrichment equivalent to the rent, the Defendant is even after the termination of the instant lease agreement.