beta
Text
1. The defendant shall receive KRW 10,400,000 from the plaintiff and at the same time, each real estate listed in the attached Table shall be paid to the plaintiff.
Reasons
1. Basic facts
A. On August 27, 2015, the Plaintiff, upon setting the lease deposit amount of KRW 30 million, monthly rent of KRW 270 million, and the lease term from September 15, 2015 to September 15, 2017 (free lease as between September 15, 2015 and December 2015) to the joint lessee D and C.
Article 4 of the above lease contract provides that if the rent in arrears of the lessee exceeds the three-year rent, the lessor may cancel the contract immediately.
B. After the completion of the partnership relationship between D and C, the Plaintiff, at the request of C on July 6, 2016, drafted a new lease agreement to change the lessee’s name to the Defendant who is the spouse of C (hereinafter “instant lease agreement”) under the said lease agreement, and the Defendant agreed to fully succeed to the rights and obligations under the previous lease agreement.
C. The Defendant or C did not pay the rent for January 2016 and February 2016, calculated and paid 100,000 won as the rent for March 2016, 130,000 won as the monthly rent from April 2016, 150,000 won as the monthly rent from October 2018.
Defendant and C operated a restaurant from the instant real estate, and removed major business facilities within the instant real estate on April 30, 2019 and moved into a cafeteria.
[Ground of recognition] Facts without dispute, Gap 1 through 11 evidence, Eul 2 through 11, 16 through 19, 22 of evidence (including each number), the purport of the whole pleadings
2. Determination:
A. The rent under the instant lease agreement is KRW 2,700,000 per month, which is the ground of the parties’ claim 1.
However, since the defendant did not pay a rent exceeding three times, the plaintiff terminated the lease contract of this case by serving a duplicate of the complaint of this case.
Since the lease contract of this case was terminated, the defendant delivered the real estate of this case to the plaintiff, and even if the remaining deposit is deducted, the unpaid rent and the rent equivalent to the amount of unjust enrichment.