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1. The defendant shall be the plaintiff.
A. Of the real estate listed in the attached list, the two floors are handed over to 1,066.47 square meters, and 1,013.99 square meters, and B.
Reasons
1. Facts of recognition;
A. On October 25, 2012, the Plaintiff leased the lease deposit amount of KRW 50,000,000, monthly rent of KRW 5,500,000 (Additional Tax separately), and the lease period of KRW 5,50,00 from October 25, 2012 to July 8, 2013, among the real estate listed in the attached Table to the Defendant as indicated in the attached Table (hereinafter “instant building”).
(hereinafter “instant lease agreement”). B.
On the same day, the Defendant received the above lease deposit from the Plaintiff, and operated the factory at the same time until the day of the closing of the argument of the instant case, and did not pay the rent from April 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. Determination as to the cause of claim
A. On April 17, 2015, the Plaintiff filed the instant lawsuit against the Defendant and demanded the presentation of the instant building. The fact that the duplicate of the complaint of this case reaches the Defendant on April 27, 2015 is apparent in the record, and the Plaintiff’s request for the presentation of the above name is reasonable to view that the Plaintiff’s request for the presentation of the notice of termination due to the delay of two or more parcels of payments by the Defendant is also included in the notification of termination.
Therefore, the instant lease contract was terminated on April 27, 2015, which is the delivery date of a copy of the above complaint, and thus, the Defendant is obligated to order the Plaintiff to issue the instant building.
B. As seen earlier, the portion claiming for the return of overdue rent and unjust enrichment was agreed to pay KRW 5,500,000 monthly rent under the instant lease agreement (Additional tax separate), and the total amount of rent generated from January 2, 2014 to March 2015 is 90,750,000 (including additional tax 550,000) x 15 months, there is no dispute between the parties.
Therefore, barring special circumstances, the Defendant, barring special circumstances, recognized that the Plaintiff was paid the rent, 72,60,000 won = 90,750,000 won - 18,000 won, which is the remainder, excluding the rent of KRW 18,150,000, which occurred from January 2, 2014 to March 2015, which is the remainder, that the Plaintiff was paid the rent from January 201 to March 2015.