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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the Schedule 1, 2;
B. From May 18, 2017, the above A
(b).
Reasons
1. Facts of recognition;
A. On May 18, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as between KRW 20,000,000, monthly rent of KRW 160,000, and the lease term of KRW 18,000, from May 18, 2016 to May 17, 2018, with respect to each real estate listed in the separate sheet No. 1 and 2 (hereinafter “instant real estate”).
B. The Plaintiff handed over the instant real estate to the Defendant around the date of entering into the instant lease agreement.
C. From May 18, 2017, the Defendant did not pay monthly rent to the present day. The Plaintiff sent to the Defendant a document verifying the content of the instant lease agreement, on which the Plaintiff expressed his/her intent to terminate the instant lease agreement, and the said content-certified mail reached the Defendant on August 24, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Since May 18, 2017, the Defendant did not pay the Plaintiff monthly rent, and the fact that the Plaintiff’s declaration of intent to terminate the instant lease agreement was delivered to the Defendant based on the content-certified mail on this ground is as seen earlier. As such, the instant lease agreement was terminated, and the Defendant is obligated to deliver the instant real estate to the Plaintiff.
(B) In light of the above, the amount of the overdue rent and unjust enrichment to be returned by the Defendant is the amount equivalent to the amount of profit derived from the possession and use of real estate in ordinary cases. However, the amount of profit resulting from the occupancy and use of real estate is the amount equivalent to the real estate, even if the lease contract in this case was terminated only after it was terminated, and even if it is not so, the sum of the overdue rent in this case exceeds the sum of the monthly rent in three months.
The facts that are the monthly rent of 1,600,000 of the instant real estate are as seen above, and thereafter, it is ratified as the same amount of rent thereafter. Thus, the Defendant is the Plaintiff on May 18, 2017.