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1. The defendant is paid KRW 10,000,000 from the plaintiff at the same time, while the plaintiff is in the Seongbuk-gu Seoul building D.
Reasons
1. Basic facts
A. On March 29, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10,000,00 with respect to the said real estate, from April 3, 2017 to April 2, 2019, from April 3, 2017 to April 2, 2019, from the monthly rent of KRW 650,000, and the monthly rent of KRW 650,000 with respect to the said real estate (hereinafter “instant lease agreement”).
B. The Defendant paid the Plaintiff the monthly rent by February 2, 2018 under the instant lease agreement, but did not pay the following rent.
C. On September 21, 2018 and October 15, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of a tea, and the Defendant, even after receiving the notification, occupies and uses the instant real estate from the date of closing argument to the date of closing argument in the instant case.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 9, purport of whole pleadings
2. Determination
A. The fact that the Plaintiff and the Defendant concluded the instant lease agreement with respect to the cause of the claim; the Defendant did not pay the Plaintiff the monthly rent after February 3, 2018 under the instant lease agreement; accordingly, the Plaintiff notified the Defendant on September 21, 2018 and October 15, 2018 that the instant lease agreement will be terminated on the ground of two or more teas. As such, the instant lease agreement was lawfully terminated on September 21, 2018, in which the said declaration of termination was delivered to the Defendant on September 21, 2018.
Therefore, the Defendant, barring special circumstances, has the duty to deliver the instant real estate to the Plaintiff and return the unjust enrichment equivalent to the rent or rent of KRW 650,00 per month from February 3, 2018 to the completion date of the delivery of the instant real estate.
B. The defendant's defense is obliged to deliver the real estate of this case at the same time with the payment of the lease deposit from the plaintiff.