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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From September 18, 2015, the foregoing paragraph (a) is described.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the purport of the entire pleadings as indicated in the evidence Nos. 1 through 5, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant building”) on June 7, 2013 to the Defendant as KRW 15,000,000, and the lease period from June 18, 2013 to June 17, 2014, with the rent of KRW 12,00,000 per month, and the rent of KRW 12,00,000 per month during the lease period. The Defendant was handed over the instant building from the Plaintiff pursuant to the above lease agreement and used the building until the date. The Defendant did not pay the Plaintiff the rent from June 18, 2014, which had been explicitly renewed after the lease period expired, and the Plaintiff sent the instant lease agreement to the Defendant on the grounds that the mail was revoked on November 27, 2014, and the content of the instant lease agreement was included in the following facts.
B. According to the above facts, the instant lease agreement was lawfully rescinded on the grounds of the Defendant’s delinquency in rent for more than two years, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 1,00,000 per month from September 18, 2015 to the completion date of delivery of the instant building.
2. The Defendant’s assertion regarding the Defendant: (a) concluded the instant lease agreement with the Plaintiff and agreed that the Defendant would be able to purchase the instant building upon the termination of the lease term; and (b) purchased the instant building with the Plaintiff’s deposit as the down payment on July 11, 2014, which was after the expiration of the lease term; (c) however, there is no evidence to acknowledge the said assertion, and thus, the Defendant is only a reply with the said content.