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1. Of the instant lawsuit, the part claiming for damages for delay against unjust enrichment incurred after November 21, 2019.
Reasons
1. Basic facts
A. On October 6, 2016, the Plaintiff leased each of the buildings listed in attached Table 1 List No. 1, the Plaintiff owned by the Defendant to the Defendant at KRW 20 million, KRW 10 million, KRW 50 million, KRW 10 million, and KRW 750,000, KRW 1000, KRW 750,000, KRW 750,000, respectively (hereinafter collectively referred to as the “instant building”). On November 5, 2017, the Plaintiff renewed the said lease, and the deposit is as is, and the lease period is from November 5, 2017 to November 4, 2019, KRW 50,000, KRW 500,000,000 (hereinafter collectively referred to as the “instant lease”).
The defendant did not pay three or more times of arrears, and the plaintiff's declaration of intention to terminate the lease contract of this case on the ground of the delayed delay by the mail proving the contents of July 9, 2019 reaches the defendant.
The defendant has occupied and used the building of this case until now. 【Ground of recognition】 There has been no dispute, and the purport of the whole pleadings as to Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers)
2. Part on the claim for delivery of a building (Article 2-1(a) of the Act): According to the facts found in the above Paragraph (1) above, the lease contract of this case terminated at the time of the arrival of the above content certification, and thus, the Defendant is obligated to deliver the building of this case to the Plaintiff. The Defendant is obligated to deliver the building of this case to the Plaintiff by November 4, 2019.
A. The amount repaid by the Defendant after the instant lawsuit is as follows: (a) August 8, 2018 (from August 5, 2018 to September 4, 2018); (b) September 2018 (from September 5, 2018 to October 4, 2018); (c) April 5, 2019 (from May 5, 2019 to May 4, 2019); (d) May 1, 2019 (from May 5, 2019 to June 4, 2019); (e) June 2019 (from June 5, 2019 to June 4, 2019 to KRW 19 to June 4, 2019 (from June 5, 2019 to June 4, 2019); and (e) KRW 930,500,500,79,719,719.