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1. The defendant shall receive 7,410,000 won from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.
Reasons
1. Basic facts
A. On June 2, 2013, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, respectively, with a deposit of KRW 10 million, KRW 900,000 per month, and the period from May 1, 2013 to May 1, 2015, respectively.
(hereinafter referred to as “the lease of this case”) B.
The Defendant paid KRW 10 million to the Plaintiff the lease deposit of this case.
C. From May 1, 2013 to May 1, 2015, the Defendant paid the Plaintiff KRW 19,010,000 among the rent of KRW 21,60,000 under the instant lease agreement (=90,000 x 24 months) during the period from May 1, 2013 to May 1, 2015, and did not pay the Plaintiff KRW 2,590,00 (=21,600,000 - KRW 19,000).
The Defendant leased the instant real estate from the Plaintiff and operated thens.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 6's each entry and the purport of the whole pleading
2. As to the cause of claim
A. According to the facts as to the claim for extradition of the instant real estate, the instant lease agreement terminated upon the expiration of the period.
Therefore, the defendant should deliver the real estate of this case to the plaintiff unless there are special circumstances.
B. As to the Plaintiff’s claim for return of unjust enrichment equivalent to rent or rent 1), the Defendant still uses and benefits from the instant real estate as an infilite. As such, the Defendant shall continue to pay the Plaintiff the amount calculated at the rate of KRW 9,90,000,00 under the instant lease agreement for the period from May 1, 2013 to November 1, 2015 (i.e., KRW 9,000 x 30 months) calculated by deducting KRW 19,010,000 which was already paid under the instant lease agreement for the period from May 1, 2013 to November 1, 2015 (i.e., KRW 27,00,0000 - KRW 19,010,000) and damages for delay from the date of delivery of the instant real estate from November 2, 2015 to the date of simultaneous performance of the lease agreement.