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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 29, 2013, the Plaintiff asserted that real estate stated in the purport of the claim (hereinafter “instant real estate”) was leased to the Defendant by designating KRW 10 million per month and KRW 1.2 million per month, and the Defendant did not make several payments on June 14, 2014, and notified the termination of the lease agreement on June 24, 2014 and July 9, 2014. As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 1.2 million per month from September 1, 2014 to the delivery date of the said real estate.
2. In full view of the respective descriptions of evidence Nos. 1 and 2 as well as the overall purport of the pleadings, the Plaintiff’s lease of the instant real estate to D on June 14, 201, to the Defendant’s mother of KRW 10 million per month, and KRW 1.2 million per month, and the Defendant decided to lease the instant real estate until September 29, 2013 under the same conditions as D, and entered into a new lease agreement with the Plaintiff. Since September 29, 2013, the Defendant did not delay the payment of the rent until the date of closing the argument in this case, and even according to the Plaintiff’s own assertion, the rent overdue portion was not received during the lease of the instant real estate, and thus, the Plaintiff’s notification of termination of the lease agreement cannot be said to be unlawful until September 29, 2014.
According to the evidence No. 1, it can be acknowledged that the Defendant, upon entering into a lease agreement with the Plaintiff on September 29, 2013, completed a new contract on June 14, 2014 and adjusted the deposit and rent. However, as alleged by the Plaintiff, it is difficult to view that the Plaintiff may terminate the lease agreement solely on the ground that the Defendant did not comply with the demand for deposit and rent adjustment.
3. Conclusion, this case.