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The Defendant, as the Plaintiff
(a) deliver the buildings listed in the separate sheet;
B. From 1,024,00 Won and January 21, 2021
Reasons
1. In light of the overall purport of the theory of evidence Nos. 1 and 2, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “the instant lease agreement”) with respect to the building listed in the separate sheet owned by the Plaintiff (hereinafter “the instant building”) around November 1, 2019, setting lease deposit amount of KRW 20,000,000, monthly rent, KRW 2,160,000 (in addition to value-added tax, and prepaid payment at the end of each month), and around that time, the Plaintiff received the above lease deposit from the Defendant and delivered the instant building to the Defendant, and the Defendant did not pay the Plaintiff the rent of KRW 432,00,00, out of the rent that occurred until April 2020, it is evident that the Plaintiff occupied the instant building by the closing date of pleadings, and the Plaintiff’s expression of intention to terminate the instant lease agreement on the grounds that the aforementioned lease agreement was terminated on the following grounds.
2. According to the above facts finding as to the claim for delivery of the building of this case, since the lease contract of this case was lawfully terminated on September 21, 2020, the defendant is obligated to deliver the building of this case to the plaintiff.
3. According to the above facts, the rent under the instant lease agreement is KRW 2,376,00 per month, including value added tax (=2,160,000 x 1.1). Since the termination of the instant lease agreement, it is presumed that the unfair gains accrued from the Defendant continuously occupying the building of this case after the termination of the instant lease agreement are also the same amount. The rent and the unfair gains that the Defendant is obliged to pay to the Plaintiff as of January 20, 2021 (=2,376,000 x 920/30 x 920/30) are calculated from May 1, 2020 to January 201, 200, the above rent and the unfair gains are calculated from the lease agreement of this case to the Plaintiff as of January 20, 200.