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1. The defendant shall be the plaintiff.
(a) Of the buildings listed in the separate sheet, each point is indicated in the separate sheet No. 1, 6, 7, 8, 9, 10, and 1.
Reasons
1. Basic facts
A. On December 14, 2017, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff with respect to the portion (i) in the ship connecting each point in the attached Form No. 1,6, 7, 8, 9, 10, 10, and 14 of the attached Table No. 126.9 square meters and the indication No. 14, 11, 12, 13, and 14 of the same drawings in order to connect each point in (b) part (i) of the attached Table No. 14, 12, 13, and 13.1 square meters of lease deposit (hereinafter referred to as “the instant part”) in the ship (hereinafter referred to as “the following part”), with respect to which the lease deposit was 12,00,000 won, monthly rent No. 1,
(1) The Plaintiff paid KRW 10,000,000 to the Plaintiff the lease deposit amount of KRW 12,000,000 and occupied and used the instant building portion.
B. The Plaintiff received KRW 2 million from the Defendant and KRW 400,000 out of the rent up to February 2019 and the rent up to March 13, 2019 (the rent up to March 13, 2019), as indicated in the “amount of deposit” column of the attached deposit payment, and the Plaintiff has settled that it is a monthly rent as indicated in the “amount of deposit payment” column.
On April 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement on April 19, 2019, on the ground that the unpaid rent was paid to the Defendant KRW 5.6 million, and around that time, the notification of the termination was reached to the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 3-1, 2, and Gap evidence 4, the purport of the whole pleadings
2. Determination:
A. According to the above facts, at the time of notifying the Defendant of the termination of the instant lease agreement, the amount unpaid by the Defendant is equivalent to at least three rents, and the instant lease agreement was lawfully terminated on the grounds of overdue rent.
The Defendant shall deliver the part of the instant building to the Plaintiff, and shall pay to the Plaintiff the remainder of KRW 1,00,000 among the rent for March 2019 and the amount of unjust enrichment equivalent to the rent for rent or rent calculated at the rate of KRW 1,40,000 per month from March 14, 2019 to the delivery date of the part of the instant building.
B. As to this, the Defendant, and April 2019.