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1. Defendant B:
(a) deliver Ansan-si D Apartment E;
B. From 3,855,430 won and December 28, 2019
Reasons
Facts of recognition
A. On October 7, 2015, the Plaintiff leased D Apartment E (hereinafter “instant building”) to Defendant B as “The lease deposit: 5 million won, monthly rent: 400,000 won, and the lease period: one year from the delivery date ( October 27, 2015).”
B. After that, on November 30, 2016, the Plaintiff and the Defendant changed the name of lessee to Defendant C, who is the child of Defendant B, and the term of lease to October 28, 2016 to October 27, 2017.
C. Defendant B paid only KRW 12.7 million out of the monthly rent of KRW 20 million from October 2015 to November 2019 (i.e., KRW 400,000 per month x 50 months) (i.e., KRW 1., KRW 1.9 million paid by Defendant B on October 17, 2018 and October 23, 2018), and did not pay KRW 1,555,430 incurred by November 2019.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1, the purport of the whole pleadings
2. According to the facts found in the claim against Defendant B, a lease agreement between the Plaintiff and Defendant B was lawfully rescinded on April 7, 2020, which contains the Plaintiff’s declaration of intent to terminate the lease agreement due to not less than two years of arrears.
Therefore, Defendant B is obligated to pay to the Plaintiff the amount of KRW 7.3 million in arrears from December 28, 2019 to November 2019 (i.e., KRW 20 million - KRW 12.7 million), management expenses (i.e., KRW 1,55,430, a sum of KRW 8,855,430, a sum of KRW 8,855,430, a sum of KRW 85,430, a sum of KRW 8,830, a sum of KRW 8,830, a sum of KRW 430, a sum of KRW 8,85,430, a sum of KRW 85,430 - a sum of KRW 5,000,000, a sum of KRW 400,000 per month, excluding the lease deposit that the Plaintiff is entitled to the deduction.
3. The plaintiff filed a claim against the defendant C also sought delivery of the building of this case, payment of rent in arrears and management expenses, and return of unjust enrichment equivalent to the rent in arrears.
However, the defendant B is the plaintiff.