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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. Facts of recognition;
A. On January 6, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting the lease deposit of KRW 10 million, monthly rent of KRW 700,000,000, and the term of lease from January 6, 2012 to January 6, 2014. The said building was handed over to the Defendant around that time.
B. However, the Defendant did not pay the rent from August 6, 2012, and on July 16, 2013, the Plaintiff expressed the Defendant’s intent to terminate the instant lease agreement on the grounds of the Defendant’s delayed delay.
C. On March 4, 2014, the Defendant paid 1.9 million won out of the overdue rent to the Plaintiff, and without paying the remaining overdue rent, occupied and used the buildings listed in the attached Table as of the date of closing argument of the instant case.
On the other hand, the plaintiff was granted the right to use and benefit from the building listed in the attached list from other co-owners among co-owners of the building listed in the attached list.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the lease was terminated on July 16, 2013 by the Plaintiff’s termination of the lease.
Therefore, (the lease term expires before the date of the closing of argument in this case), barring any special circumstance, the defendant is obligated to deliver the building indicated in the separate sheet to the plaintiff, and pay the plaintiff the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 700,000 per month from January 6, 2014 to the completion date of delivery of the building listed in the separate sheet.
[Plaintiff, from August 6, 2012 to January 5, 2014, KRW 10 million (=700,000 won per month x 17 months x 1.9 million paid by the Defendant on March 4, 2014), shall be deducted from the lease deposit deposit amount of KRW 10,000,00, and only seek payment of unjust enrichment equivalent to the rent from January 6, 2014).
A. As to the defendant's assertion, the defendant is a building.