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1. The defendant
(a) deliver the real estate listed in the separate sheet;
(b)payment of 18,870,700 won;
C. . 200.
Reasons
1. Determination as to the cause of claim
A. 1) On April 24, 2019, the Plaintiff is a real estate indicated in the separate sheet (hereinafter “instant building”) between the Defendant and the Defendant.
(B) As to the term of lease deposit, the term of lease contract is set at KRW 20 million, KRW 1,700,000 per month, KRW 1,700 per month, and the term of lease from July 12, 2019 to July 11, 2020 (hereinafter “instant lease contract”).
A) Around that time, the instant building was delivered to the Defendant. (2) The Defendant did not pay rent from August 2019, and thereafter occupied the instant building without paying rent until then.
3) On February 6, 2020, the Plaintiff sent to the Defendant a certificate of contents indicating a declaration of intent to terminate the instant lease agreement on the ground that the Defendant had failed to pay rent for at least two years, and the above certificate of content reaches the Defendant at that end. 4) The unpaid rent is KRW 1,53 million in total from August 12, 2019 to May 12, 2020, and the unpaid management fee is KRW 3,652,780 in total; the unpaid management fee is KRW 3,652,780 in total; and the long-term repair appropriations is KRW 82,080 in the management fee.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
B. Therefore, inasmuch as the instant lease agreement is deemed to have been terminated by lawful termination, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Defendant is obligated to pay a maximum of KRW 18,870,700 from the sum of rent and management expenses up to May 12, 2019.
In addition, the defendant is obligated to pay the plaintiff the rent of KRW 1,700,000 per month from May 2020 to the termination of the lease. Since the defendant occupies and uses the building of this case even after the termination of the lease contract, as seen earlier, the defendant gains profit equivalent to the profit from the use of the building of this case by occupying and using the building of this case after the termination of the lease contract and thereby causes damages equivalent to the same amount to the plaintiff who is the lessor.