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The Defendant, as the Plaintiff
(a) deliver the buildings listed in the separate sheet;
B.1,229,970 Won and the above buildings from March 20, 2020.
Reasons
In accordance with the purport of Gap evidence Nos. 1 and 2 as a whole, the defendant, on September 20, 2019, leased real estate listed in the separate sheet from the plaintiff to September 20, 2019 by setting the deposit of one million won, three hundred and twenty thousand won per month, the contract term from September 20, 2019 to September 20, 2020. The defendant did not pay rent under the above contract from March 20, 2020. The defendant was delivered to the defendant on October 5, 2020 by the complaint of this case, wherein the plaintiff expressed his/her intention to terminate the lease contract on the grounds of overdue rent over two or more occasions, and the defendant can recognize the fact that the plaintiff has to pay the management fee of 898,530, 252, 2630, 308, the electricity charge of which he/she paid by March 20, 2020.
According to the above facts, the lease contract between the plaintiff and the defendant was lawfully terminated.
Therefore, the defendant is obligated to deliver the real estate listed in the attached list to the plaintiff and pay the sum of KRW 1,229,970, such as overdue management expenses, etc., and to pay rent and unjust gains calculated at the rate of KRW 320,000 per month from March 20, 2020 to the completion date of the delivery of the above building.
In this regard, the defendant can terminate the lease contract to be delayed for not less than three years pursuant to the Commercial Building Lease Protection Act because the real estate listed in the attached list is an officetel, which is a commercial building.
DaNN
According to Gap evidence No. 1, real estate listed in the separate sheet is equipped with TV, laundry, cooling, electronic sirens, air conditioners, clothes, etc., and real estate used for residential purposes. Even if it is a building for snow stations, since the real estate listed in the separate sheet was not in arrears for more than three years, the defendant's defense is not reasonable.
The plaintiff's claim is reasonable and accepted.