beta
Text
1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached Form, and deliver the said real estate from May 10, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On November 10, 2013, the Plaintiff leased the real estate stated in the attached Form (hereinafter “instant real estate”) to the Defendant as the period from November 10, 2013 to November 9, 2020, the lease deposit amount of KRW 60,000,000, monthly rent of KRW 280,000,000 (excluding the 10-paid and value added tax each month).
(hereinafter referred to as the “instant lease contract”) B.
At the time of the instant lease agreement, the Plaintiff agreed that the lease agreement may be terminated immediately in the event that the overdue rent reaches the three-year overdue rent.
(Article 4). (c)
As of May 9, 2016, the Plaintiff is in arrears with the amount of KRW 1.8 million out of April 2014, 2015, the amount of KRW 700,000 among the amount of March 2015, the amount of KRW 60,000,000 among the amount of KRW 70,000,000,000 among the amount of August 6, 2015, the amount of August 2015, and the amount of April 2016 (from April 10, 2016 to May 9, 2016). The Plaintiff did not pay value-added tax for 28 months from January 2014 to April 2016.
1) Total amount of unpaid rents: 13.7 million won (2.8 million won x 1.8 million won for 4.7 million won for 4.7 million won) and the total amount of value-added taxes unpaid: 7.84 million won (2.8 million won x 28 months): 2,1540,000 won;
D. The Plaintiff expressed his/her intent to terminate the instant lease agreement on May 23, 2016 on the grounds of the Defendant’s delinquency in rent.
E. Since then, the Defendant paid KRW 5.1 million to the Plaintiff several times on June 2016.
[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings
2. According to the facts found in the judgment as to the cause of the claim, since the instant lease contract was lawfully terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 1,644,00 (2,1540,000 won - 5.1 million won) to KRW 3,880,000 per month (2,80,000 won per month), from May 10, 2016 to the completion date of the delivery of the instant real estate.
3. The plaintiff's claim for conclusion is justified and acceptable.