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Defendant B from 26,00,000 to 24, 2019 to 26,000 won, the delivery of the real estate listed in the attached Table is completed.
Reasons
1. Basic facts
A. On May 1, 2018, the Plaintiff: (a) deposited 30,000,000, monthly rent 1,350,000 won to Defendant B, which was located in Yeonsu-gu Incheon (hereinafter “instant real estate”).
However, on May 24, 2018, the Defendant paid only KRW 10,000,000, which is part of the lease deposit, and the remainder KRW 20,000,000 shall be paid on September 24, 2018; however, the Defendant decided to terminate the contract where the deposit to be paid in addition is unpaid.
B. After the occupancy, Defendant B paid only KRW 16,00,000 among the remainder of the deposit, and Defendant B paid to the Plaintiff for May 2019, but did not pay any rent thereafter.
C. On January 24, 2019, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of unpaid rent, etc. to Defendant B.
Defendant C, together with Defendant B, occupies the instant real estate.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease agreement was terminated by Defendant B’s deposit, monthly unpaid rent, and the Plaintiff’s declaration of termination thereof, and thus, the Defendants are obligated to deliver the leased object to the Plaintiff.
B. In addition, Defendant B is obligated to pay KRW 1,350,000 per month to the Plaintiff the unpaid amount from June 24, 2019 to the date of completion of delivery of the instant real estate or the date of loss of Plaintiff’s ownership.
C. As to this, the defendant raised a simultaneous performance defense to the effect that the plaintiff cannot respond to the plaintiff's claim until the balance of the lease deposit to be returned to the defendant is paid to the defendant.
The plaintiff paid a deposit to the defendant at KRW 26,000,000.
The plaintiff is obligated to return the remaining money after deducting the amount of rent or unjust enrichment as stated in the port, and the plaintiff's obligation to return the deposit and the defendant's instant case.