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1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.
2...
Reasons
1. Basic facts
A. On January 5, 2015, the Plaintiff leased real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant with the lease deposit of KRW 3,00,000,000, monthly rent of KRW 300,000 (prepaid on January 14, 2015), from January 14, 2015 to January 13, 2017 (hereinafter “instant lease agreement”), and the Defendant paid KRW 3,00,000 to the Plaintiff around that time.
B. On October 13, 2016, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement.
C. Around February 14, 2017, the Defendant left the instant apartment without having taken out his household tools.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings
2. Determination on the main claim
A. According to the facts of the determination on the request for extradition, the instant lease agreement was terminated on January 13, 2017, and thus, the Defendant is obligated to deliver the instant apartment to the Plaintiff.
B. Determination 1 as to the claim amounting to the rent claim amounting to 1) The Plaintiff’s assertion that the Defendant occupied the instant apartment without any title despite the termination of the instant lease agreement. As such, the Defendant is liable to compensate the Plaintiff for damages incurred by the tort or return of unjust enrichment, and the Defendant shall pay the Plaintiff the amount equivalent to KRW 300,000 per month from January 14, 2017 to the date the delivery of the said apartment is completed.
B) The determination (1) is based on the relationship between the lessee’s obligation to return the leased object and the lessor’s obligation to return the remainder after deducting the lessee’s default due to the termination of the lease agreement. Therefore, if the lessee continuously occupied the leased building by exercising his/her right of defense of simultaneous performance even after the lease contract is terminated, the lessor shall return the deposit to the lessee.