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1. Defendant B from March 8, 2020 to the completion date of delivery of the real estate listed in the separate sheet from KRW 1,993,910 to KRW 1,93,910.
Reasons
1. Determination as to the cause of claim
A. On January 24, 2019, the Plaintiff, the owner of the real estate listed in the attached list (1) (hereinafter “the apartment of this case”), as the owner of the real estate (hereinafter “the apartment of this case”) indicated in the attached list, was to lease the instant real estate to Defendant B by setting the lease deposit of KRW 10 million, KRW 650,000,000 per month, KRW 650,000 per month, KRW 80,000,000,000 per month, the lessee, and the lease term from February 8, 2019 to February 7, 2021. At that time, the Plaintiff received deposit of KRW 10,000,000 from Defendant
(2) However, Defendant B paid only four-minutes of the rent by November 7, 2019, and unpaid the remainder of the rent and the management fee.
(3) Accordingly, on November 5, 2019, the Plaintiff sent to Defendant B a certificate of content that the instant lease contract was terminated on the grounds of unpaid rent, and subsequently, the duplicate of the instant complaint stating the said declaration of intent reached Defendant B on November 26, 2019.
(4) Meanwhile, Defendant D and C actually reside in and possess the apartment of this case.
(5) As of March 8, 2020, the unpaid rent of Defendant B is KRW 5,950,000 in total, and the unpaid management fee is KRW 2,056,090 in total.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including various numbers), the purport of whole pleadings
B. (1) According to the above facts of recognition, the instant lease agreement was lawfully terminated on November 26, 2019, when the duplicate of the complaint was served on Defendant B at the latest.
Without any title, the Plaintiff has the right to claim the return of the apartment of this case to Defendant D and C, who has occupied the apartment of this case.
(2) Accordingly, as sought by the Plaintiff, Defendant B calculated at the rate of KRW 650,00 per month from March 8, 2020 to the completion date of delivery of the apartment of this case, deducting the total of KRW 5,950,000, not paid from the Plaintiff and the total of KRW 2,056,090, and the unpaid management expenses.