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1. From August 19, 2015 to the completion date of delivery of the real estate indicated in the separate sheet from KRW 5,00,000 to KRW 5,00.
Reasons
1. The facts of recognition: (a) on June 18, 2015, the Plaintiff leased the instant real estate to the Defendant with a deposit of KRW 5,00,000, monthly rent of KRW 500,000, and the lease term of KRW 18,60 (hereinafter “instant lease contract”); (b) on the grounds that the Plaintiff was not paid monthly rent at least twice from August 19, 2015, the Plaintiff terminated the instant lease contract on the grounds that the Plaintiff did not pay monthly rent; and (c) the fact that the Defendant continued to pay the monthly rent until now does not conflict between the parties.
2. Determination
A. According to the above facts, since the instant lease agreement was lawfully terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount calculated by the ratio of KRW 500,000 per month to the amount of unjust enrichment equivalent to the rent or rent from August 19, 2015 to the completion date of delivery of the instant real estate.
B. As to this, the Defendant asserts to the effect that he will continue to reside in the instant real estate until June 18, 2016, since some of the lease deposits remain, the monthly rent is deducted. The Defendant’s assertion is with merit within the remainder of the amount calculated by deducting KRW 500,000 per month from KRW 5,000,000,000, which is the first place of simultaneous performance, from August 19, 2015 to the completion date of delivery of the instant real estate.
C. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time with the remainder calculated by deducting the amount calculated at the rate of KRW 500,000 per month from KRW 5,000 to KRW 5,000 from August 19, 2015 to the completion date of delivery of the instant real estate.
In addition, if the Defendant did not deliver the instant real estate to the Plaintiff by June 18, 2016, when the deposit amount of KRW 5,000,000 is fully deducted from the overdue interest or the unjust enrichment amount equivalent to the overdue interest, the Defendant shall pay to the Plaintiff KRW 500,000 per month from June 19, 2016 to the completion date of delivery of the instant real estate.