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The Defendant, as the Plaintiff
(a) deliver the buildings listed in the separate sheet;
B. From 9,005,830 won and May 23, 2020
(b).
Reasons
1. On November 22, 2018, the Plaintiff issued an order on November 22, 2018, which owned the Defendant.
The building mentioned in paragraph (10), the deposit amount of KRW 10,000,000, monthly rent of KRW 770,000 (including value-added tax, prepaid on the 22th of each month), and the lease period of the building was set at two years (hereinafter “instant lease contract”).
The Defendant did not pay the rent of 5,470,000 won until May 22, 2020, including the fact that the rent was not paid in April 2019.
The management fee and late payment charge of the building not paid by the Defendant until April 2020 are KRW 3,535,830.
[Recognition] Facts without dispute, entry of Gap evidence 1 to 6, the purport of the whole pleadings
2. According to the above facts of the judgment, the defendant did not pay the amount exceeding seven days prior to May 22, 2020, and on this ground, the plaintiff's complaint, which included the termination of the instant lease agreement, was delivered to the defendant on June 4, 2020, is obvious in the record. Thus, the instant lease agreement was terminated.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
In addition, according to the above facts, the defendant is obligated to pay the plaintiff the rent, management fee, and late payment charge that are unpaid until May 22, 2020 (=5,470,000 won) (=5,535,830 won).
Furthermore, according to the above facts, the defendant is obligated to pay the amount calculated by the ratio of KRW 770,00 per month to the plaintiff, who is the lessor of the instant lease contract and the owner of the instant building, to the rent or unjust enrichment of the instant building from May 23, 2020 to the completion of delivery of the instant building.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.