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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. In the first instance trial, the Plaintiff requested the delivery of each of the instant real estate, ② the unpaid amount of KRW 4,200,000, out of the rent that occurred until September 9, 2014, ③ the claim for payment of KRW 1,80,000 per month for unjust enrichment from September 11, 2014 to the completion date of delivery of each of the instant real estate, and the Plaintiff’s claim was accepted in its entirety.
In response, the defendant appealed only to the plaintiff's third claim, which is subject to the judgment of this court.
2. Facts of recognition;
A. (1) On January 10, 2012, the Plaintiff concluded a lease agreement with the Defendant (hereinafter “each of the instant lease agreements”) stipulating that each of the instant real estate (a sectional building or each of the instant buildings does not have a partition wall) shall be KRW 5,000,000 per real estate lease deposit per real estate, monthly rent of KRW 600,000 (excluding value-added tax) and the lease period by January 10, 2017.
(2) The Defendant is operating a private house in each of the instant real estate and its neighboring stores.
B. The Defendant’s notice of delinquency in rent and termination (1) the monthly rent to be paid by the Defendant to September 9, 2014, which was immediately before the filing date of the instant lawsuit pursuant to each of the instant lease agreements, is a total of KRW 57,600,00 [=60,000 x 32 months (from January 10 to September 9, 2014) x 3 cases];
(2) Of the above rent, the Defendant paid KRW 14,400,000 (i.e., KRW 5,400,000 on July 9, 2012; ② KRW 1,800,000 on August 13, 2012; ④ 1,800,000 on October 13, 2013; KRW 1,80,000 on May 13, 2013; and KRW 1,800,000 on December 1, 2013; KRW 60,00 on December 1, 2013; and deposited KRW 80,00 on January 15, 2014; and deposited KRW 37,00,000 on April 37, 2015, 200,50 on the Plaintiff.
(3) On September 17, 2013, the Plaintiff notified the Defendant of his/her intention to terminate each of the instant lease agreements on the grounds of a rent-free delay.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 7 and 8, respectively, 1 to 3.