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1. From March 1, 2016 to the completion date of delivery of real estate indicated in the separate sheet, the Defendant from the Plaintiff KRW 60 million to KRW 700,000 per month.
Reasons
1. Basic facts
A. On April 1, 2012, the Plaintiff leased real estate in the attached Form (hereinafter “instant apartment”) to the Defendant with a fixed lease deposit of KRW 70 million, monthly rent of KRW 70 million, and two years, and received the said lease deposit from the Plaintiff.
B. On February 29, 2016, the Defendant did not pay the rent, leading to KRW 9.8 million (7 million x 14 months) as of February 29, 2016.
C. On July 15, 2015, the Plaintiff notified the Defendant of this case’s apartment by the end of July 2015, on the premise that the lease contract was terminated on the grounds of rent delay, etc.
[Based on recognition] The items of Gap evidence 1 to Gap evidence 7 (including paper numbers), and the purport of the whole pleadings
2. Determination
A. According to the above facts, the lease contract was lawfully terminated by serving a copy of the complaint of this case on the ground of the Defendant’s delay in rent, and the Defendant is obligated to deliver the apartment of this case to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 9.8 million per month from March 1, 2016 to the completion date of the delivery.
B. The Plaintiff asserts that the Defendant’s unpaid management expenses are KRW 7,221,460 and sought the payment thereof.
(E) However, in light of the following circumstances, the Plaintiff’s claim for this portion is without merit.
① It is difficult to view that the Plaintiff’s damage was realized in the instant case, without any evidence to prove that the Plaintiff was notified by the apartment management office that the overdue management fee was paid by the Plaintiff, or that the Defendant agreed to pay the management fee directly to the Plaintiff.
② According to the evidence evidence Nos. 5 and 6, the Defendant partially paid management expenses, and reduced the overdue management expenses to three million won as of March 21, 2016 (before the closing of pleadings), and the Plaintiff’s losses are recognized in such circumstances.