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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) order the real estate listed in the separate sheet;
(b) January 1, 2017
Reasons
1. Facts of recognition;
A. On October 8, 2014, the Defendant: (a) concluded a lease agreement with the Plaintiff regarding (406) multi-household housing of the third floor in Gangnam-gu Seoul, Seoul; (b) monthly rent of KRW 600,000; (c) contract period of KRW 50,00; and (d) three months from October 8, 2014 to January 7, 2015 (less the separate notice of the Do is given, the extension shall be determined; (c) if the monthly rent is overdue on at least three occasions, the Defendant entered into a lease agreement with the Plaintiff to terminate the contract; and (d) changed the lease agreement into 306 units of the building (hereinafter “instant housing”); and (e) concluded a lease agreement to increase the monthly rent of KRW 700,000,00 from the time of residence to the present date.
B. The Defendant did not pay 2,50,000 won out of the total amount of usage fees and management fees under the instant lease agreement of 750,000 won per month, 250,000 won out of the total amount of 750,000 won per month, 750,000 won for April 2, 2016, and 50,000 won for each of 8, from May 2015 to 9, 2016, and 750,000 won for each of 750,000 won (=250,000 + 750,000 won + 50,000 won x 4) ＋ (750,000 won x 2). The Plaintiff expressed his intention to terminate the instant lease agreement by serving a duplicate of the complaint of this case on the grounds that the Defendant had been in arrears on three or more occasions.
[Recognition] Facts: Facts without dispute, Gap evidence 1-1-2, Eul evidence 3-1-3, witness D's testimony and the purport of the whole pleadings
2. Determination
A. According to the facts of recognition as to the claim of this case, the lease contract of this case was lawfully terminated due to the Defendant’s nonperformance of the obligation to pay rent, etc. Thus, barring any special circumstance, the Defendant is obligated to order the Plaintiff to use the instant house, and to pay the Plaintiff the amount equivalent to the amount of unjust enrichment, such as rent, calculated at the rate of KRW 750,00 per month from January 1, 2017 to the completion date of the name of the instant house after the termination of the lease contract.