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1. The defendant shall be the plaintiff.
(a) Indication of a drawing among the buildings indicated in the attached real estate;
(a).
(c).
(e).
Reasons
1. Facts of recognition;
A. On March 13, 2020, the Plaintiff issued an order to the Defendant on March 13, 2020
The building mentioned in paragraph (1) (hereinafter referred to as the “instant building”) was leased with the lease deposit of KRW 1 million, KRW 350,000 per month, KRW 350,000 per month (pre-paid on the 13th day of the payment date), management expenses (the payment date is the same as the payment date), the term from March 13, 2020 to March 12, 2022 (the above lease contract was referred to as the “instant lease contract”), and the Defendant occupied and used the instant building until then.
B. On March 13, 2020, the Defendant paid a sum of KRW 1.41 million to the Plaintiff on the pretext of lease deposit, rent and management expenses for one month, and thereafter did not pay rent and management expenses to the Plaintiff.
C. On August 28, 2020, a copy of the Plaintiff’s complaint containing an expression of intent to terminate the instant lease agreement was delivered to the Defendant on the ground that the Defendant was in arrears at the second rent.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, and 8, and the purport of the whole pleadings
2. According to the above facts finding as to the claim for India and rent, etc., the lease contract of this case was lawfully terminated on August 28, 2020 due to the service of the plaintiff's complaint containing the plaintiff's declaration of intention to terminate the lease contract of this case on the grounds that the defendant was in arrears in the second period. Thus, the defendant is obligated to deliver the building of this case to the plaintiff. Furthermore, the defendant is obligated to pay to the plaintiff the overdue rent and management fee of this case or unjust enrichment corresponding to the amount of the above amount from May 13, 2020 to the completion date of delivery of the building of this case.
As to this, the defendant would pay compensation or damages that the plaintiff would have paid in connection with the existence of defects in the building of this case or there was a tort against the defendant such as the plaintiff, etc.