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1. The defendant shall be the plaintiff.
(a) Of the sixth floors of the building listed in the separate sheet, each point of the attached sheet Nos. 1, 2, 3, 4, and 1.
Reasons
1. Determination as to the cause of the claim (1) with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) on June 13, 2016, the Plaintiff and the Defendant made a lease contract with KRW 100 million, KRW 3,080,00 per month, management expenses (including value added tax), KRW 851,400, KRW 8500 per annum, KRW 86,000, and value added tax), and KRW 12 months from June 13, 2016, KRW 30,000 out of the deposit, and KRW 30,000,000 from June 13, 2016, and the Plaintiff did not pay the Plaintiff for six months, on January 31, 2017, notified the Defendant of the termination of the lease contract on the grounds of the remainder of the deposit and the overdue rent, and notified the Defendant of the termination of the lease contract within three months thereafter.
According to the above facts, the lease agreement between the Plaintiff and the Defendant was lawfully terminated upon arrival of the Defendant on January 31, 2017, which contained the Plaintiff’s declaration of termination.
Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the amount calculated by applying the ratio of the rent, etc. to KRW 1,398,910, such as overdue rent, management fee, electricity fee, etc. from November 30, 2017 to December 1, 2017 and the amount of unjust enrichment equivalent to the rent, etc. from December 1, 2017 to the time of the delivery of the instant building (i.e., monthly rent of KRW 3,931,40 (= KRW 3,080,00 management fee of KRW 851,40).
2. On the determination of the Defendant’s assertion, the Defendant failed to pay the lease deposit, but the rent and management fee was paid by September 2017, and the deposit between KRW 10,00 is also paid.