beta
Text
1. The defendant
(a) deliver a total of 243.68 square meters of the ground floor among the buildings listed in the attached list;
B. March 21, 2016
Reasons
1. Facts of recognition;
A. On April 14, 2009, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to 10,000,000 won per month of rent, 80,000 won per month of rent, management fee amounting to 50,000 won per month, and from May 21, 2009 to May 20, 2010 of the lease period (hereinafter “the lease agreement of this case”). In the event a lessee fails to pay rent for more than two years, the lessor agreed to immediately terminate the lease agreement.
(Article 4. b. of the Real Estate Lease Contract)
From May 21, 2009, the Defendant paid 10,000 won to the Plaintiff, and began to occupy and use the instant building from May 21, 2009, and continues to occupy and use the instant store after renewal of the contract even after the expiration of the term of the instant lease contract. From March 21, 2016, the Defendant did not pay KRW 80,000 per month for rent and KRW 50,000 per month for management expenses.
On October 4, 2016, the Defendant prepared and issued a letter of intent to deliver the instant building to the Plaintiff on December 31, 2016, where the Plaintiff is unable to pay the enclosed rent by December 31, 2016.
E. On November 10, 2017, the complaint of this case, stating that the Plaintiff terminated the instant lease agreement on the grounds of the delinquency in rent for more than two years, was served on the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination, the instant lease contract was lawfully terminated on November 10, 2017 due to nonperformance, such as the Defendant’s delay of rent, etc., and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the rent calculated at the rate of KRW 850,000 per month from March 21, 2016 to the completion date of delivery of the said building, and the unjust enrichment equivalent to the management expenses.
In this regard, the defendant is a defect such as narrow stairs, water leakages, and inundation of the building of this case.