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1. The defendant shall be the plaintiff.
A. At the same time, the Plaintiff received KRW 18,756,50 from the Plaintiff, each of them is listed in the separate sheet.
Reasons
Comprehensively taking account of the fact that there is no dispute between the parties to the judgment as to the cause for claim and the purport of Gap evidence and all pleadings, the plaintiff entered into a lease agreement with the defendant on October 28, 2019 by stipulating that deposit amount is KRW 20 million, monthly rent is KRW 1.9 million, and the term of lease is from November 7, 2019 to November 6, 2021. Upon termination of the lease agreement, the defendant did not pay the plaintiff the monthly rent from January 20 to July 2020, and the plaintiff did not pay the plaintiff the monthly rent from August 28, 2019 to August 20, the fact that the defendant occupied the real estate of this case by serving a copy of the complaint of this case on August 10, 202.
According to the above facts, since the above lease contract was terminated on August 10, 2020 when the plaintiff notified the termination of the above lease contract of this case due to the defendant's delinquency in the monthly rent, the defendant, barring special circumstances, is obligated to deliver the real estate of this case to the plaintiff according to the termination of the above lease contract, and return of unjust enrichment equivalent to the unpaid monthly rent and the monthly rent from January 7, 2020 to August 6, 2020, 13,300,000 won (=1.9 million won x 7 months) and 1.9 million won per month from August 7, 2020 to August 6, 2020.
(2) As to the judgment on the simultaneous performance of the Defendant’s simultaneous performance defense, the Defendant’s simultaneous performance defense to deliver the instant real estate at the same time with the return of the deposit under the instant lease agreement, as well as the fact that the amount equivalent to the rent after the termination of the instant lease agreement.
In this case, the lease contract of this case is executed.