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1. The defendant shall be the plaintiff.
(a) Of the buildings listed in the attached Table 1 list, the attached Form 2 Building No. 3, 4, 5, 5.
Reasons
1. Facts of recognition;
A. On May 14, 2018, the Plaintiff purchased 1/2 shares from among the buildings listed in the attached Table 1 list and completed the registration of ownership transfer on May 10, 2018.
B. On August 29, 2015, the Defendant: (a) determined the lease deposit amount of KRW 500,00, monthly rent of KRW 550,000 (hereinafter “instant lease”); and (b) the Plaintiff succeeded to the status of the party to the said lease contract at the time of purchase of the building indicated in the attached Table 1 list as indicated in the attached Table 1 list; (c) the Plaintiff succeeded to the status of the party to the said lease contract at the time of purchase.
C. The Defendant did not pay the rent on July 2019 and August 2019, and on this ground, the Plaintiff issued a notice of termination to the Defendant on September 9, 2019, but did not serve the notice.
On October 8, 2019, the Plaintiff filed the instant lawsuit claiming delivery of studio of this case, unpaid rent and unjust enrichment on the ground that the instant lease contract was terminated due to the Defendant’s unpaid rent, and the instant warden served on the Defendant on February 14, 2020.
[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination:
A. According to the above facts, it is reasonable to view that the lease contract of this case was lawfully terminated on February 14, 2020. Thus, the defendant is obligated to deliver the room of this case to the plaintiff.
B. The Plaintiff asserts that, from July 2019 to September 2019, the Plaintiff is obligated to return the unpaid rent or unjust enrichment calculated at the rate of KRW 1,650,000, the sum of the unpaid rent from July 29, 2019 to October 28, 2019 (the actual rent from July 29, 2019 to October 28, 2019) and KRW 825,000, and the rent or unjust enrichment calculated at the rate of KRW 275,00 per month from October 29, 2019 to the end of the original delivery of the instant case. 2) Since the instant lease was terminated on February 14, 202, the Defendant is obligated to return the unpaid rent or unjust enrichment that occurred to the Plaintiff up to the time.