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1. The defendant shall be the plaintiff.
(a) Attached drawings among the first floor of the building entered in the attached list, shall be indicated 8, (3), (4), (7), and (8);
Reasons
Facts of recognition
The Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff around December 21, 2018, between the Plaintiff and the Plaintiff on the lease deposit of KRW 15 million, monthly rent of KRW 1.5 million, and between December 201, 2018 and December 19, 2020 (hereinafter “the lease agreement”). The Defendant did not pay the Plaintiff the rent from December 20, 2018 to December 20, 2018, and the Plaintiff did not pay the Plaintiff the rent of KRW 198 square meters (hereinafter “instant real estate”). The Defendant paid the Plaintiff the rent of KRW 15 million, monthly rent of KRW 1.5 million, KRW 1.5 million, and the lease term of KRW 1.5 million between the Plaintiff and the Plaintiff on December 21, 2018, and the Defendant paid the Plaintiff the lease agreement of this case on April 2, 2019.
Judgment
According to the above facts, the instant lease agreement was terminated on April 2, 2019 upon the Plaintiff’s declaration of intention to terminate the lease agreement on the ground of the Defendant’s delinquency in rent. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 1.540,00 per month from March 20, 2019 to the completion date of delivery of the instant real estate.
As to this, the Defendant is the vehicle that was paid in excess to the Plaintiff from February 1, 2017 to December 19, 2018. Thus, the Defendant asserted that this does not delay of not less than three times when appropriated for unpaid rent under the instant lease agreement. However, according to the written evidence Nos. 4 to 6, and No. 1, the said money is deemed to have been paid as rent under the existing lease agreement, and the Defendant submitted it.