beta
Text
1. The defendant shall be the plaintiff.
(a) deliver each real estate listed in the separate sheet;
B. India from January 7, 2020.
Reasons
1. Facts of recognition;
A. On January 3, 2019, the Plaintiff entered into a real estate monthly rent contract (hereinafter “instant contract”) with the Defendant to lease each real estate listed in the separate sheet (hereinafter “instant real estate”) under the following conditions.
1) Term of lease of 25 million won, monthly rent of 2.8 million won (excluding surtax, after the sixth day of each month): January 21, 2019 to January 20, 2021 (the rent from February 6, 2019)
B. By February 6, 2020, the Defendant paid the rent for 12-months, but only 6-months.
Accordingly, on February 7, 2020, the Plaintiff sent to the Defendant a content-certified mail stating that “the Defendant is unpaid for not less than six months, which constitutes grounds for termination of the instant contract.” By February 29, 2020, the Plaintiff paid the unpaid rent or ordered the instant real estate.”
C. The Defendant paid the rent by not later than January 6, 2020, by additionally paying the rent by two-months around April 1, 2020, and by three-months around May 11, 2020 and June 30, 2020, but did not pay the rent thereafter.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of the whole pleadings]
2. According to the above facts finding, the contract of this case was terminated around February 30, 2020 or at the latest until the delivery of a copy of the complaint of this case, upon the plaintiff's declaration of intention to terminate the contract of this case on the grounds of overdue delay in rent of the defendant.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the rent or unjust enrichment equivalent to the rent, calculated by the ratio of KRW 3080,000 per month from January 7, 2020 to the completion date of the above delivery (=280,000 won).
3. Conclusion, the plaintiff's claim within the above recognition scope is accepted for reasonable grounds, and the remainder is dismissed for lack of reasonable grounds.