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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
(b) from February 17, 2017, buildings listed in the annexed sheet.
Reasons
1. The following facts may be acknowledged if there is no dispute between the parties, or if the statements in Gap evidence Nos. 1, 2, and 3 are added to the whole purport of the pleadings:
On July 4, 2011, the Plaintiff leased a building listed in the attached list (hereinafter referred to as “instant building”) to the Defendant, with the lease deposit of KRW 2 million, KRW 6.5 million per month, and KRW 6.5 million per month (5 million among them, excluding management expenses. Value-added tax. The value-added tax was excluded.) and the period from September 18, 201 to September 19, 2012.
B. The Plaintiff and the Defendant implicitly renewed the said lease after the expiration of the lease term stipulated in the said lease agreement.
C. On February 27, 2013, the Plaintiff renewed the lease agreement with the Defendant, designating the instant building as the lease deposit amount of KRW 20 million and KRW 4.3 million per month (payment on the 16th day of each month).
Around March 10 and March 18, 2017, the Defendant failed to pay the Plaintiff the rent for December, 2016 and January, 2017, and the Plaintiff notified the Defendant that the lease contract for the instant building was terminated on the ground that the said Defendant’s rent was delayed by content-certified mail.
E. Afterward, the Defendant paid to the Plaintiff only the portion of January and April 2017 among the rent for eight months from December 2016 to July 2017, and the remainder of the rent is overdue.
F. On June 23, 2017, the Plaintiff filed a lawsuit against the Defendant on the ground that the instant lease contract was terminated due to the Defendant’s delay in rent, and sought the delivery of the instant building, the return of unjust enrichment equivalent to the rent, and the return of unjust enrichment equivalent to the rent. The duplicate of the instant complaint was served on the Defendant on July 4, 2017.
2. Determination as to the cause of action
A. According to the above facts, such as the Defendant’s duty to deliver the instant building, the lease agreement between the Plaintiff and the Defendant on the instant building is based on the Defendant’s delinquency in rent for at least two years.