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1. The Defendant shall issue an order to the Plaintiff regarding the real estate stated in the attached list, and each month from October 9, 2015 to the completion date of its name.
Reasons
1. Basic facts
A. On February 1, 2012, the Defendant entered into a contract with C to lease the instant real estate with a deposit of one million won, annual rent of five million won from the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) and occupied and used the instant real estate.
B. On February 27, 2015, the Plaintiff purchased and acquired the ownership of the instant real estate from C during the lease period of the Defendant.
C. The Defendant has delayed payment of rent. Although the Plaintiff intended not to renew the lease contract on this ground, the Plaintiff accepted the Defendant’s request for extension of the lease contract, the Plaintiff concluded a temporary lease contract with a deposit of KRW 5.80,00 (the balance of an existing deposit), monthly rent of KRW 4.20,000, monthly rent of KRW 420,000, and period from July 9, 2015 to October 8, 2015. In this case, the Defendant agreed not to renew the lease contract, but to order the instant real estate on October 9, 2015.
However, after October 9, 2015, the Defendant continues to possess the instant real estate without ordering it to do so, and without paying rent.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. Determination:
A. According to the above facts, since the lease contract between the plaintiff and the defendant is terminated at the expiration of the term, the defendant is obligated to order the plaintiff to provide the real estate in this case and pay KRW 420,000 per month as unjust enrichment equivalent to the rent from October 9, 2015 to the completion date of life expectancy.
B. As to this, the defendant's repair of the real estate of this case during the lease period of the defendant, and the damage and loss of the defendant's household, the cost of living in other places and the cost of washing clothes, which was added to the repair, was required, and the damage was caused due to delay and defect, and thus, the plaintiff is liable to compensate for the damage. However, considering the purport of the argument in Gap evidence No. 2, the plaintiff's overall argument is requested by the defendant.