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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) from 8,290,780 won and December 18, 2019
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 2 and 5 as to the cause of the claim, the plaintiff shall lease the real estate recorded in the order to the defendant on October 5, 2018 as KRW 1650,000,000 (including value-added tax) and delivered the real estate on November 19, 2018, and the defendant shall delay the payment of rent from February 19, 2019. Accordingly, around May 24, 2019, the plaintiff sent to the defendant a document proving that the above content-certified mail will be terminated by the defendant's delayed payment of rent for three or more years, and then delivered it to the defendant around that time. The defendant was residing in the above real estate as of the date of the closing of argument in this case, the defendant's total management fees in arrears on November 29, 2019 as of November 3, 204, and the reason for termination of the lease agreement was recognized as lawful by the plaintiff.
Therefore, the Defendant is obligated to return to the Plaintiff the unjust enrichment equivalent to the rent from February 19, 2019 to November 18, 2019, the sum of KRW 14,850,000 (i.e., KRW 1,650,000 to KRW 4850,00,000, plus KRW 3,440,780,000, and the sum of KRW 8,290,780,00,000, which was sought by the Plaintiff, from February 19, 2019 to November 18, 2019 to KRW 1,650,000,000 from the date of delivery of the said real estate.
2. Judgment on the defendant's assertion
A. In regard to this, the Defendant paid 30 million won to the Plaintiff for the premium, and the Plaintiff could not respond to the Plaintiff’s claim before receiving the refund of 20,000 won out of the premium, or where the lessee has failed to pay the amount equivalent to the amount of the rent for three months, the opportunity to recover the premium is not protected (see Article 10-4(1) of the Commercial Building Lease Protection Act), and the Defendant’s above dispute is rejected.
B. Next, the defendant is against the plaintiff.