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1. The defendant shall be the plaintiff.
(a) Annex 1, 2, 5, 6, among the two-storys of real estate listed in the attached Form 414.18 square meters, indicated in the attached Form 4.18 square meters;
Reasons
1. Basic facts
A. On October 21, 2017, the Plaintiff leased the leased deposit amounting to KRW 10,000,000,000 for the lease deposit, KRW 3,000,000 for monthly rent (hereinafter “instant building”) and the lease term of KRW 3,00,00,000 for each three-month period, on the following grounds: (a) among the two-story 414,18,000 square meters listed in the attached Table owned by the Plaintiff, the lessee may terminate the lease agreement if the overdue interest of the lessee amounts to the rent of the two-month period; and (b) the lessor determined that the lease agreement may be terminated if the overdue interest of the lessee amounts to the rent of the two-month period.
(hereinafter “instant lease agreement”). B.
The Defendant paid the Plaintiff the monthly rent for three months at the time of the instant lease agreement, and the monthly rent for three months after the lapse of three months, but paid only the monthly rent for two months around May 2018 after the renewal date, and did not pay the monthly rent until the closing date of the instant argument.
C. On July 17, 2018, the Plaintiff sent to the Defendant a certificate of content that “The Defendant did not comply with a request from the Plaintiff for the payment of a real estate lease renewal contract or a monthly rent for three months, so the Plaintiff deemed that there was no intention to re-contract to the Defendant and revoked the lease contract.” At that time, the above certificate of content was served to the Defendant.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination
A. According to the facts of the foregoing recognition as to the claim for the delivery of the instant building, the instant lease contract was terminated upon delivery to the Defendant on September 10, 2018, on the ground that the said two or more rents were in arrears.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff by restoring it to its original state following the termination of the instant lease agreement.
(b) Return of unjust enrichment;