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1. From 55,00,000 won to 23,100,000 won and from August 1, 2019 to 55,000 won, the Defendant is listed in the attached list.
Reasons
1. Facts of recognition;
A. On October 1, 2018, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) entered into a real estate lease agreement with the Defendant on October 1, 2018 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is owned by the Plaintiff and the selector (hereinafter “the instant real estate”). On September 30, 202, the Defendant paid KRW 55 million out of the lease deposit to the Plaintiff.
B. From February 2019, the Defendant did not pay the rent from February 2, 2019, and did not pay the management fee from August 2019.
C. On February 1, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of delinquency in payment of rent.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination
A. The instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on the ground of the Defendant’s delay of rent.
Therefore, the Defendant is obligated to transfer the instant real estate to the Plaintiff and the Appointor following the termination of the instant lease agreement, and to pay unjust enrichment and management expenses equivalent to the rent or rent from February 2, 2019 to July 2019, which was unpaid by the Defendant, and unjust enrichment and management expenses equivalent to the rent or rent from August 1, 2019 to the completion date of delivery of the instant real estate.
B. Upon the termination of the instant lease agreement, the obligation of the Defendant to deliver the instant real estate and the obligation of the Plaintiff to return the remainder of the lease deposit, which is deducted from the Plaintiff’s rent, etc., are simultaneously performed, and there is a simultaneous performance defense that the Defendant shall refund the remainder of the lease deposit, which is deducted from the Defendant’s overdue rent, etc. from the lease deposit. Therefore, the Defendant shall pay from the Plaintiff the amount of KRW 55,000 to July 2019 the amount equivalent to KRW 23,100,000 (= KRW 3,850,000) for six months from February 2, 2019 to July 2019.