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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From September 16, 2019, the above-mentioned A
subsection (b).
Reasons
Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 through 7 and Eul evidence Nos. 1 and 2 (including additional numbers), the plaintiff and the defendant concluded a lease contract with a deposit of 40 million won, monthly rent of 4.4 million won (including additional tax, monthly payment after 16th of each month), and 24 months from August 15, 2020. The defendant delayed the payment of rent for three months from March 2019 to May 17, 2019, and the plaintiff notified the defendant of the termination of the lease contract for reasons of delinquency of rent for three or more days, and requested the plaintiff to pay the amount of unjust enrichment for 20 days from May 23, 2019 to May 17, 2019 to 20 days from June 23, 2019, the defendant did not pay the above late payment of the building of this case to the plaintiff by 20 days from June 19, 2019.
According to the above facts, the lease agreement between the Plaintiff and the Defendant on the instant building is deemed terminated upon the lapse of May 2019, when the Plaintiff’s declaration of intention to terminate the lease agreement was delivered to the Defendant on the grounds of delinquency in rent for at least three years, or after the lapse of June 30, 2019, which was the grace period for the Defendant to pay rent, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff and return unjust enrichment equivalent to the rent of KRW 440,000 per month from September 16, 2019 to the completion date of delivery of the instant building.
Although the defendant submitted a written reply to the effect that he/she wishes to maintain the lease agreement on the grounds that he/she was fully paid the unpaid rent, this case’s lease agreement has already been terminated by the plaintiff’s declaration of intent to terminate the contract, and thus, the defendant is in arrears thereafter.