beta
Text
1. The defendant
(a) Of the real estate listed in the separate sheet, each point of Annex A, 2, 3, 4, and 1.
Reasons
1. Basic facts
A. On May 9, 2011, the Plaintiff entered into a lease agreement with the Defendant on a deposit deposit of approximately KRW 2,00,000, monthly rent of KRW 250,00, and twelve months for the lease term of KRW 1,20,33,44, and KRW 8.75,m2 inboard part (hereinafter “instant store”) with each point of the real estate listed in the separate sheet, among the real estate listed in the separate sheet, (hereinafter “instant lease agreement”), and thereafter, the instant lease agreement was implicitly renewed.
B. The defendant does not pay the fees under the instant lease agreement to the plaintiff as shown in the attached monthly tax payment statement.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the facts of the determination as to the claim for the delivery of the instant store, the instant lease agreement between the Plaintiff and the Defendant was explicitly renewed after the expiration of the validity, and the Plaintiff’s intent to seek the delivery of the instant store on the grounds of the delinquency in monthly rent is based on the premise of the termination intention. Accordingly, the instant lease agreement was lawfully terminated on November 28, 2013, where the duplicate of the complaint stating the above termination intention was served on the Defendant.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff.
B. As to the Plaintiff’s claim for the payment of overdue rent and return of unjust enrichment against the Defendant, the Defendant asserts to the effect that the deposit for overdue rent and return of unjust enrichment should be deducted. Thus, since the deposit for the lease of this case is KRW 2,00,000 from the monthly rent of ten months to the amount of KRW 500,000,000 is the mother and child, the overdue rent for seven months and the overdue rent for up to February 10, 2014, as seen in the table of the current status of monthly rent for rent for arrears by November 10, 2013, and thereafter, until February 10, 2014.