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1. The defendant shall be the plaintiff.
(a) deliver the first and second floors of the annexed building;
(b) As from August 10, 2018, KRW 8,600,00 and above.
Reasons
1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (6) and the purport of the entire pleadings.
A. On January 17, 2017, the Defendant leased from the Plaintiff the first and second floors of the attached list of the building, a commercial building under the Commercial Building Lease Protection Act, owned by the Plaintiff (hereinafter “instant building”) on the lease deposit amounting to KRW 15,000,000, monthly rent amounting to KRW 1,300,000 (payment date: the tenth day of each month) without setting the lease period.
(hereinafter “Lease of this case”). (b)
Even if the lease of this case was implicitly renewed on January 16, 2018, the Defendant did not pay the lease deposit, and the Defendant, on March 12, 2018, did not pay the Plaintiff KRW 15,000,000 until March 30, 2018, given up the household on the first floor and the second floor of the instant building and agreed to deliver the instant building.
C. However, the Defendant did not pay the lease deposit by March 30, 2018, and on this ground, the Plaintiff expressed its intention to terminate the lease of this case through the instant complaint.
(Date of Receipt of the instant complaint: May 3, 2018; Service Date of the instant complaint: May 21, 2018) D.
Defendant currently occupies and uses the instant building. The Defendant is currently using and earning profit from the instant building, and the amount of KRW 8,600,000 out of the amount of rent or unjust enrichment equivalent to the rent during the period from August 10, 2017 to August 9, 2018 (=15,600,000 for rent generated = 12 months x 1,300,000 - the Defendant’s April 5, 2018
4.6. The sum of 7,000,000 won paid was not paid, and the amount of unjust enrichment has not been paid for the period thereafter.
2. Determination and conclusion, as the lease of this case terminated on May 21, 2018 upon the termination of the Plaintiff’s lease, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Defendant is obligated to deliver the instant building to the Plaintiff with unjust enrichment equivalent to the rent or rent as above 8,600.