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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From March 10, 2017, the above real estate.
Reasons
1. On June 10, 2015, the Plaintiff entered into a lease agreement with the Defendant on the attached list (hereinafter “instant real estate”) stipulating “5,00,000 won for lease deposit, KRW 300,000 for each month for rent, and KRW 10,000 for each month for payment of rent, and the lease period from June 10, 2015 to June 9, 2017 (hereinafter “instant lease agreement”) and agreed that the Plaintiff may terminate the instant lease agreement if the Defendant delayed payment of rent more than twice.
On June 10, 2015, the Plaintiff handed over the instant real estate to the Defendant, and the Defendant occupied and used the instant real estate from that time.
The Defendant did not pay the Plaintiff the rent for the instant real estate from October 10, 2015 to the Plaintiff. The sum of the rent unpaid from October 10, 2015 to March 9, 2017 is KRW 5,100,000 (=300,000 per month x 17 months).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination:
A. According to the above facts of recognition as to the cause of the claim, since the defendant did not pay rent to the plaintiff more than twice, the plaintiff can terminate the lease contract of this case pursuant to the agreement under Article 640 of the Civil Act and the lease contract of this case. It is evident in the record that the copy of the complaint of this case, which indicates the plaintiff's intention to terminate the lease contract of this case on the ground of the defendant's delinquency in rent, was served on the defendant on August 24, 2017, and thus, the lease contract of this case was lawfully terminated.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and the Plaintiff seeks unjust enrichment equivalent to the rent from March 10, 2017 after deducting the unpaid rent from the lease deposit to March 9, 2017. Thus, the Defendant is equivalent to the rent from March 10, 2017 to the completion date of delivery of the said real estate.