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Of the 1st floor of the building indicated in attached Form 1, the Defendant has the 1st floor indicated in attached Form 2 (60.83 square meters) among the 1st floor of the building indicated in attached Form 1 to the Plaintiff.
Reasons
Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, it is recognized that the plaintiff leased (the rent shall be KRW 10,000,000 per annum from February 28, 2019) to the defendant on March 1, 2017, the plaintiff occupied and used the above store on February 28, 2020, while paying only KRW 1,000,000 as rent after the expiration of the lease period.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and appropriate the rent of KRW 1,00,000 paid by the Defendant to KRW 833,333 and KRW 166,67 out of the rent of March 2020 for KRW 16,66,66 of the rent of April 20, and pay the remainder of KRW 66,66 ( KRW 83,333 - 16,67) with the rent of April 200, and pay the amount of unfair profit equivalent to the rent of KRW 833,333 from May 1, 202 to the completion of the delivery of the said store.