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1. The defendant shall be the plaintiff.
(a) Of the buildings listed in the separate sheet, each point of the attached sheet Nos. 1, 2, 3, 6, 7, and 1.
Reasons
1. The parties' assertion
A. On December 10, 2003, the Plaintiff leased the leased object of this case to the Defendant by setting the lease deposit of KRW 100 million, KRW 1,870,000 per month, KRW 275,00 per month, management expenses, and KRW 275,00 per month, and the lease term from December 21, 2003 to December 20, 2006. (2) Since the Defendant did not pay a rent one time during the lease term, the instant lease contract was terminated due to the overdue payment.
3) From December 21, 2003 to December 20, 207, the sum of rent (1,870,000 won per month), management expenses, and electricity rental fee is KRW 103,562,670, and the sum of the rent (2,200,000 per month), management expenses, and removal expenses from December 21, 2007 to January 20, 2015 is KRW 217,875,000,00. Accordingly, the Defendant is obligated to deliver the leased object in this case to the Plaintiff and pay the Plaintiff KRW 100,000,000 after deducting the lease deposit from the rent, management expenses, removal expenses, etc. until January 20, 2015, the Defendant is obligated to pay the Plaintiff KRW 217,875,00,000 from December 21, 2015 to December 20, 2015.
5) Even if the right to return the lease deposit of this case remains, this right has expired by prescription. B. Defendant 1’s rent is KRW 330,000 per month.
2) On April 2004, the Defendant delivered the leased object of this case to the Plaintiff. 3) Since April 2004, the Defendant did not use the leased object of this case. Since then, the right to simultaneous performance defense has been granted until the lease deposit is returned, the Defendant is not obliged to pay unjust enrichment or damages after the lease contract period expires.
2. Determination
A. On December 10, 2003, the Defendant leased the leased object of the instant case from the Plaintiff as KRW 100 million, KRW 1,870,00 per month, KRW 1,870 per month, and KRW 100 million from December 21, 2003 to December 20, 2006. On December 21, 2003, the Defendant paid KRW 100 million to the Plaintiff (the Defendant is a real estate lease contract).