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1. The Defendant ordered the Plaintiff to issue an order, and KRW 9,300,000 and the above building from November 27, 2019.
Reasons
On April 11, 2019, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50,00,000 for lease deposit, KRW 1,550,000 for monthly rent, and the period from May 26, 2019 to May 25, 2021 (hereinafter “instant lease agreement”). The Defendant occupied and used the instant building from May 26, 2019 to May 26, 201; the Defendant delayed payment from May 26, 2019. The Plaintiff terminated the instant lease agreement on the grounds that the instant building was in arrears for more than two years, and issued a certificate of claim for delivery and restitution of the instant building, and the Defendant did not have any dispute between the Defendant and the Plaintiff on September 17, 2019, on the grounds that the instant lease agreement was not paid until October 3, 2019.
According to the above facts, since the content certification containing the Plaintiff’s expression of intent to terminate the instant lease agreement reaches the Defendant on September 19, 2019, the instant lease agreement was terminated on September 19, 2019.
Therefore, the defendant has a duty to deliver to the plaintiff the building of this case, which is the leased object, and has a duty to pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 9,300,000 as the plaintiff's claim for overdue rent from May 26, 2019 to November 26, 2019 and the amount of unjust enrichment equivalent to the rent of KRW 1,550,000 from November 27, 2019 to the time of transferring the building of this case.
Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.