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1. The defendant
(a) deliver the real estate listed in the annex;
(b) KRW 5,200,000 and as regards this, January 1, 2018
Reasons
1. Facts of recognition;
A. The Plaintiff is the lessee who leased the instant real estate from C, the owner of the real estate indicated in the attached Form (hereinafter “instant real estate”).
B. On July 4, 2015, with C’s consent, the Plaintiff entered into a sublease contract with the Defendant and the instant real estate (hereinafter “instant sublease contract”) with a period of KRW 20,000,000, and with a period from July 17, 2015 to July 16, 2016, which consists of KRW 2,314,40,00 each month of the rent (hereinafter “instant sublease contract”).
However, the Defendant paid 1,400,000 of the rent of KRW 2,314,400 to the Plaintiff in the instant sublease contract, and the remainder of KRW 914,400 and management expenses shall be paid to C.
C. The Defendant paid only 15,400,000 won to the Plaintiff (=1,400,000 won x 11) as rent, but did not delay that the Defendant was two or more vehicles.
The plaintiff notified the defendant of his intention to terminate the sub-lease contract of this case by serving a copy of the complaint of this case on the ground that the overdue amount of the rent exceeded two years, and the defendant currently occupied and used the real estate of this case.
[Reasons for Recognition] Facts without dispute, Gap 1 to 10 evidence, Eul 1 evidence, the purport of the whole pleadings
2. Determination
A. According to the above facts, since the sub-lease contract of this case was lawfully terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff and return the overdue rent from the time of the termination of the sub-lease due to the termination and the subsequent illegal gains equivalent to the rent due to the possession and use of the real estate of this case from the time of the completion of delivery.
B. We examine the amount of the overdue rent.
As of December 31, 2017, the sum of the rents accrued until that time is 40,60,000 won (i.e., KRW 1,400,000 x 29 months from July 17, 2015 to December 31, 2017, which is the time point of the instant sub-lease contract x 29 times. However, the Plaintiff sought only 29 minutes from the Defendant during the said period. Accordingly, the Plaintiff sought only 15,40,000 won from the Defendant for the said period.