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1. The defendant shall be the plaintiff.
(a) Attached drawings (1), (2), (3), (4), (5), and (6), among the area of a 110.98 square meters in Suwon-si, Suwon-si;
Reasons
1. Facts of recognition;
A. On January 26, 2016, the Plaintiff purchased the three-story multi-family house located in Suwon-si, Suwon-si, from Nonparty D, and completed the registration of ownership transfer on January 26, 2016. On April 24, 2012, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the said D by setting the lease deposit amount of KRW 3 million with respect to the two-story multi-family houses [Attachment Map Nos. 1, 2, 3, 4, 5, 6, 30 square meters of the two-story 110.98 square meters of the two-story,
B. The Plaintiff notified the Defendant at the time of purchase of the above multi-family house to the lessee and notified him of the succession to the status of the lessor, and decided to succeed to the previous lease contract as it is, but shall be paid on the 27th day of each month, not later than the
C. However, following the Defendant’s delayed payment of monthly rent or payment of only a part of the monthly rent after delinquency, based on July 27, 2017, the amount in arrears falls short of three months. The Plaintiff notified the Defendant of the termination of the instant lease agreement, and requested the Defendant to clarify the instant real estate.
[Ground of recognition] Facts without dispute, Gap 1 and 2, the purport of the whole pleadings
2. In light of the above facts, the instant lease agreement was lawfully terminated upon arrival of the Plaintiff’s declaration of intention to terminate the contract on the ground of more than two lease vehicles, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff and to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 350,000 per month from June 28, 2017 to the completion date of delivery of the instant real estate, as sought by the Plaintiff.
3. Thus, the plaintiff's claim is justified.