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1. The defendant shall be the plaintiff.
(a) Attached drawings among the first floor of the real estate listed in the attached list, shall be indicated in (1), (2), (3), (4), and (1);
Reasons
1. The following facts of recognition are not disputed between the parties, or may be admitted in each entry in Gap evidence Nos. 1, 2, and 3, taking into account the whole purport of the pleadings:
Attached Form
The registration of ownership preservation was completed on August 23, 2004 with respect to the real estate listed in the list (hereinafter “instant real estate”), and the registration of ownership transfer was completed on June 28, 2005 under the name of the Korea Land Trust Co., Ltd. on the same day.
B. On March 2, 2012, the Plaintiff entered into a lease contract with the Defendant with regard to approximately KRW 50,000,000, monthly rent of KRW 2,200,000, monthly rent of KRW 2,310,000 (including value-added tax, but not later than May 31, 2012), and the lease contract prescribed from April 15, 2012 to April 15, 2015 (hereinafter “the lease contract in this case”).
C. On June 1, 2012, the Defendant did not pay monthly rent and management expenses that the Plaintiff would pay to the Plaintiff from June 1, 2012 while receiving the delivery of the instant leased portion. Accordingly, the Plaintiff urged the Defendant to pay monthly rent and management expenses overdue to the Defendant on November 8, 2012, but did not perform them. However, the Defendant, as the delivery of the instant complaint, declared that the instant lease contract was terminated.
2. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s two or more rent delays. Thus, barring any special circumstance, the Defendant delivers the leased portion of the instant lease to the Plaintiff, and calculated at the rate of KRW 2,310,000 per month from June 1, 2012 to the completion date of the delivery of the leased portion, or the amount of unjust enrichment.