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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B.12,00,000 won and above from March 20, 2020
Reasons
1. Facts of recognition;
A. On December 14, 2018, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) that leases the instant building owned by the Plaintiff with a deposit of KRW 30,000,000, monthly rent of KRW 4,000,000 (prepaid payment on December 20, 2018), and the period from December 20, 2018 to June 19, 2020.
B. Around that time, the Defendant paid the full lease deposit to the Plaintiff, and occupied and used the instant building upon delivery.
C. From December 20, 2018 to March 19, 2020, the Defendant paid only KRW 16,000,000 among the total rent of KRW 60,000 (=4,000,000 x 15 months) during a 15-month period, and paid KRW 2,000,000 additionally on March 25, 2020.
On January 9, 2020, the Plaintiff notified the Defendant of his intention to terminate the instant lease agreement on the grounds of the delinquency in rent for more than three months.
[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1 evidence, the purport of the whole pleadings
2. According to the above facts, since the lease contract of this case was lawfully terminated on January 9, 202, the defendant transferred the building of this case to the plaintiff and returned the building of this case, and deducted the overdue rent, unjust enrichment equivalent to the overdue rent, damages for delay, and expenses for restoration from the lease deposit returned by the lessor at the time of termination of the lease contract, the lease deposit cannot be asserted as a simultaneous performance relationship based on the lease deposit by the lessee on the ground of the lease deposit. Unless there are special circumstances to deem otherwise that the lessee has a legitimate title to possess the leased object, it constitutes an illegal possession for the lessee to possess the leased object after the termination of the lease contract.
[Supreme Court Decision 2019Da213153 (Main Lawsuit), and 2019Da213160 (Counterclaim) Decided July 4, 2019] The payment ought to be made.
However, the defendant, from December 20, 2018 to March 19, 2020, is the rent and illegal gains or damages equivalent to the rent for 15 months.