beta
Text
1. The defendant shall be the plaintiff.
(a) deliver each real estate listed in the separate sheet;
B. From October 30, 2016, each of the above.
Reasons
1. Facts of recognition;
A. On April 11, 2016, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with respect to the lease deposit of KRW 30 million, monthly rent of KRW 8,300,000 (in addition, KRW 30,000,000 per month) and the lease term of April 11, 2016 to April 10, 2018 (hereinafter “instant lease agreement”).
B. The Defendant received delivery of the instant real estate from the Plaintiff and operated a gas station, and did not pay the Plaintiff the rent after paying the Plaintiff the rent on June 2016.
C. On October 5, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of delinquency in rent at least three occasions.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination:
A. According to the facts of the judgment as to the cause of the claim, the instant lease agreement was lawfully terminated and terminated on October 5, 2016 by the Plaintiff’s notice of termination on the grounds of overdue rent at least three times by the Defendant.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, deduct the Defendant from the overdue rent in the lease deposit of KRW 30 million, and return unjust enrichment calculated by the ratio of KRW 91,30,000 per month from October 30, 2016 to the completion date of delivery of the instant real estate, as sought by the Plaintiff.
B. The Defendant asserts that, on the Plaintiff’s claim, the Defendant did not have a duty to pay rent to the Plaintiff, since the Plaintiff could not use or benefit from the instant real estate by allowing the Korea Electric Power Corporation to remove the gas station operated by the Defendant, around August 2016 without any other reasons.
However, there is no evidence to acknowledge that the Plaintiff had removed the said measuring instruments, and rather, it is against the Korea Electric Power Corporation Kimpo branch of this Court.