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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From August 20, 2015, the above A
subsection (b).
Reasons
1. Determination as to the cause of claim
A. On April 10, 2014, the Plaintiff entered into a lease agreement with the Defendant as to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit of KRW 10,000,000, monthly rent of KRW 600,000 (payment on April 20), and the lease term of April 20, 2014 to April 20, 2016 (hereinafter “instant lease agreement”) and delivered the instant real estate to the Defendant on or around April 20, 2014; the Defendant did not pay the Plaintiff the monthly rent as stipulated in the instant lease agreement from August 2015 to the date of the instant lease agreement; and the fact that the instant lease agreement has been explicitly renewed thereafter does not conflict between the parties, or that it may be acknowledged in full view of the purport of the entire pleadings as stated in the evidence Nos. 1 and 2.
According to the above facts, the Defendant did not pay more than three vehicles until August 8, 2018, and the Plaintiff created the right to terminate the instant lease agreement pursuant to Article 10-8 of the Commercial Building Lease Protection Act (the Plaintiff asserted that he/she acquired the right to terminate the lease agreement on the ground of rent delay for more than two years, but considering the overall purport of the pleadings, it is reasonable to deem that the instant real estate is a commercial building subject to the Commercial Building Lease Protection Act, and it is evident in light of the above facts of recognition that the Plaintiff’s intention to terminate the lease agreement on the ground of the above rent delay of the Defendant was delivered to the Defendant on October 8, 2018, and thus, the instant lease agreement was lawfully terminated.
Therefore, the defendant is obligated to restore the real estate of this case to the plaintiff.
B. The Defendant’s judgment on the claim for return of unjust enrichment equivalent to rent or rent is subject to the instant lease agreement from August 2015.