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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the annex sheet;
(b) from 1,65,083 Won and July 14, 2017.
Reasons
1. Facts of recognition;
A. On July 6, 2016, the Plaintiff concluded a lease agreement with the Defendant to lease real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant with a deposit of KRW 8,000,000, monthly rent of KRW 630,000 (payment on July 14, 201), and the term of lease from July 14, 2016 to July 13, 2018 (hereinafter “instant lease agreement”).
B. The Defendant resided in the instant real estate and paid to October 13, 2016, the rent of KRW 5,670,000 among the rent of KRW 5,670,00 (=630,000 x 9 months) from October 14, 2016 to July 13, 2017, and paid KRW 1,490,000 to the Plaintiff.
C. A duplicate of the instant complaint, on June 20, 2017, stating the Plaintiff’s intent to terminate the instant lease agreement on the grounds of the Defendant’s delay of rent, was served on the Defendant.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 3, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. As to the delivery of the instant real estate and the claim for return of rent or unjust enrichment, the Plaintiff sought to the Defendant for the delivery of the instant real estate, the payment of rent of KRW 730,000 in arrears until February 13, 2017 under the instant lease agreement, and the subsequent payment of KRW 630,000 in monthly rent or unjust enrichment by the date of completion of delivery of the instant real estate.
However, the instant lease agreement was terminated on June 20, 2017 due to the Defendant’s delay in rent. Since the Plaintiff filed the instant lawsuit, the fact that the Defendant paid the Plaintiff additional rent, and the Defendant was in arrears until July 13, 2017 under the instant lease agreement, which was the rent for the period of 1,490,000, is as seen earlier, and the rent after the termination of the instant lease agreement is confirmed to be the same amount as the rent under the instant lease agreement.
Since the instant lease contract was terminated by the Plaintiff’s notice of termination, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and on January 2016.