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1. The defendant shall be the plaintiff.
A. 72,632,258 Won and its related 5% per annum from January 8, 2020 to May 12, 2020;
Reasons
1. Basic facts
A. On March 28, 2012, C, etc. leased the real estate listed in the separate sheet No. 1 (hereinafter “No. 1”) to the Defendant as KRW 60,000,000, monthly rent of KRW 2,500,000 (hereinafter “No. 1 lease contract”).
B. On March 28, 2012, C, etc. leased real estate listed in the separate sheet No. 2 (F) (hereinafter “F”) to E as lease deposit KRW 50,00,000, monthly rent of KRW 2,50,000, and management expenses KRW 55,000 (including additional tax), and thereafter, the Defendant succeeded to the status of lessee E.
C. On January 4, 2017, the Plaintiff was awarded a bid for Category D and F in the auction procedure and completed the registration of ownership transfer on each of the following grounds:
On January 6, 2020, the Plaintiff terminated the lease agreement No. 1 and 2 on the ground of the unpaid rent in the legal brief dated January 6, 2020, and the said legal brief was served on the Defendant on January 7, 2020.
E. Since January 4, 2017, the Defendant occupied and used Category D and F until now, and did not pay any rent or management fee to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 5,000 per month from January 4, 2017 to the completion date of delivery of the above building (=2,500,000 (FF rent) KRW 2,500,000 (F rent) for the above building (F rent) from January 4, 2017 to the date of delivery, unless there are special circumstances. However, there is no evidence to prove that the plaintiff should bear 5,00 won for the monthly management fee for the above subparagraph D, but there is no evidence to prove that the plaintiff should bear 5,00 won.)
3. Judgment on the defendant's assertion
A. Since the defendant has the right to return the lease deposit of KRW 110,00,000 against the plaintiff, this right is entitled to attract the above real estate as the secured claim, and thus, it is against unjust enrichment on the rent or rent.