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1. The defendant
(a) deliver the real estate listed in the annex;
B. 3,460,000 won and its related thereto on September 17, 2019
Reasons
1. Facts of recognition;
A. On November 15, 2018, the Plaintiff leased real estate listed in the attached Form (hereinafter “instant real estate”) to the Defendant with a deposit of KRW 5,000,000, monthly rent of KRW 1,000,000, and period of lease from November 20, 2018 to November 20, 2019.
(A) Evidence No. 1, hereinafter referred to as “instant lease contract”). B
After entering into the instant lease agreement, the Defendant paid the deposit to the Plaintiff and resided in the Republic of Korea upon delivery of the instant real estate from the Plaintiff. The Defendant did not pay the Plaintiff a rent under the instant lease agreement.
C. On May 20, 2019, the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s nonperformance of the obligation to pay rent, reached the Defendant.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, obvious facts in records, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the instant lease contract was terminated as the Defendant’s nonperformance of obligation, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
In addition, the Defendant is obligated to pay the monthly rent under the instant lease agreement prior to termination, and the Defendant gains a profit equivalent to the monthly rent by making use of and benefit from the instant real estate without any legal cause after termination. Therefore, the amount of the monthly rent is obligated to be returned to the Plaintiff as unjust enrichment.
Ultimately, the Defendant delivered the instant real estate to the Plaintiff, and from November 20, 2018 to August 20, 2019, the amount of KRW 9,000,000, which is the unjust enrichment equivalent to the unpaid rent or the amount of KRW 540,000, which is recognized by the Plaintiff, deducted the deposit amount of KRW 5,000,000, which is paid by the Defendant for the lessee’s management expenses by the previous lessee, and the amount of KRW 3,460,000, which is paid by the Defendant, shall be subject to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 17, 2019 to the date of full payment.