The Defendant, as the Plaintiff

(a) deliver the buildings listed in the separate sheet;

B. 5,950,000 Won and its equivalent on April 2, 2020

1. Facts of recognition;

A. On October 1, 2018, the Plaintiff concluded a lease contract with the Defendant and the Plaintiff for a building listed in the attached list owned by the Plaintiff (hereinafter “instant apartment”) with respect to the lease deposit amounting to KRW 15,000,000, KRW 850,000 per month of rent (after October 1, 2018), and from October 1, 2018 to September 30, 2019 (hereinafter “instant lease contract”).

around that time, the defendant received the apartment of this case from the plaintiff and resides in the apartment of this case together with his spouse and children.

B. The Plaintiff, from the Defendant, was paid KRW 850,00 on November 2, 2018; KRW 850,00 on December 4, 2018; KRW 850,00 on February 1, 2019; KRW 850,00 on March 4, 2019; KRW 850,00 on April 6, 2019; KRW 850,00 on July 2, 2019; KRW 1,70,000 on October 1, 2019; KRW 850,000 on December 1, 2019; KRW 850,000 on December 10, 201; KRW 850,00 on December 10, 201; and KRW 850,00 on March 17, 201; and KRW 301,00 on August 1, 2010.

C. On April 8, 2020, the Plaintiff terminated the instant lease agreement on the grounds of the Defendant’s delinquency in rent exceeding the amount of rent for the second period of rent, and filed the instant lawsuit seeking the delivery of the instant apartment and the payment of rent for arrears. The duplicate of the instant complaint was served on the Defendant on July 23, 2020.

[Reasons for Recognition] Each entry in Gap evidence 1 and 4, a clear fact in records, the purport of the whole pleadings

2. Determination

A. According to the facts found above, the instant lease contract was terminated on the ground of the Defendant’s delinquency in rent, and thus, the Defendant is obligated to deliver the instant apartment to the Plaintiff.

B. The Defendant filed a claim for unjust enrichment equivalent to rent and rent with the Plaintiff, and the Defendant filed a claim for the payment of 5,950,000 won in arrears for seven months from September 1, 2019 to March 31, 2020 (i.e., 850,000 won x 7 months) and the following day after the payment date of the rent for March 2, 2020, from April 2, 2020 to July 23, 2020, on which the duplicate of the instant complaint was served on the Defendant, shall be 5% per annum under the Civil Act and from the following day until the day of full payment.