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1. The defendant shall be the plaintiff.
(a) deliver the attached list No. 03 09.38 square meters of the underground floor among the buildings listed in the attached list;
(b) 400.
Reasons
1. On October 28, 2014, the Plaintiff leased the part of the building as stated in the Disposition No. 1 (hereinafter referred to as “instant house”) as of October 28, 2014, with the lease deposit of KRW 10 million, KRW 650,000,000, and the lease period of KRW 650,000,000, and the lease period from October 17, 2014 to October 16, 2016, respectively, to the Defendant (hereinafter referred to as “instant lease”). The Defendant paid the lease deposit to the Plaintiff at that time and used the instant house.
However, from December 17, 2014 to February 17, 2015, the Defendant wired 650,000 won to the Plaintiff’s account three times, and paid 650,000 won in cash only once to four months, and thereafter did not pay the difference thereafter.
Accordingly, on October 27, 2015, the Plaintiff pointed out the Defendant’s delinquency in rent, and sent to the Defendant a certificate of content that, until November 10, 2015, the Plaintiff did not pay the unpaid rent.
[Ground of Recognition: The facts without dispute, Gap 1 through 7, the purport of the entire argument] Therefore, it is reasonable to view that the lease contract of this case was lawfully terminated by the plaintiff's notice of termination (proof of content or delivery of complaint of this case) on the ground of the defendant's delinquency in rent.
In addition, if the Defendant calculated the overdue rent as of June 16, 2016, the Defendant’s total amount of the overdue rent is KRW 10,440,00 (=650,000 won for the overdue rent x 16 months (=20 months from October 17, 2014 to June 16, 2016 - four months from the Defendant’s payment of the rent) which is close to the date of closing the argument in this case, and the Defendant’s overdue rent is deducted from the lease deposit in this case, as of June 16, 2016 (=10,000 won for the overdue rent - 10,40,000 won for the overdue rent).
Therefore, the Defendant should deliver the instant house to the Plaintiff, and the Plaintiff’s unjust enrichment equivalent to the rent calculated by the ratio of KRW 400,000 per month from June 17, 2016 to the completion date of delivery of the instant house.