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1. The Plaintiff:
A. Defendant B delivers a building listed in the attached list, and attached Form 6,600,000 won and from June 19, 2017.
Reasons
1. Facts of recognition;
A. On February 19, 2013, the Plaintiff, as the owner of the building listed in the attached list (hereinafter “instant building”), entered into a lease agreement with Defendant B and the instant building with a deposit of KRW 1 million per month, monthly rent of KRW 400,000,000, and from February 8, 2013 to April 8, 2013 (hereinafter “instant lease agreement”), and thereafter, extended the instant lease agreement explicitly.
Defendant C is currently residing in the present building as the father of Defendant B.
B. Defendant B paid to the Plaintiff a deposit of KRW 1 million under the instant lease agreement and KRW 13.2 million in total under the name of rent from February 19, 2013 to February 6, 2017.
C. On October 31, 2016 and November 1, 2011 of the same year, the Plaintiff notified Defendant B that it would take legal measures without paying that it is unpaid.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. The fact that the Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground of Defendant B’s rent delay is apparent in the record that it served on Defendant B on March 7, 2017. According to the facts acknowledged earlier, Defendant B delayed two or more vehicles until March 7, 2017, on which the duplicate of the instant complaint was served, and thus, the instant lease agreement was terminated as the duplicate of the instant complaint was served on Defendant B.
Therefore, Defendant B is obligated to deliver the instant building to the Plaintiff and return the unpaid rent and unjust enrichment equivalent to the rent, and Defendant C is obligated to withdraw from the instant building.
B. We examine the unpaid rent and the return of unjust enrichment that Defendant B shall pay to the Plaintiff.
According to the above facts, the amount equivalent to the rent or rent for 52 months from February 19, 2013 to June 18, 2017, which the Plaintiff seeks, is the total of 208 million won (52 months x 400,000 won) and Defendant B.