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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) As from February 5, 2016, KRW 1,440,00 and above.
Reasons
1. As to the cause of the claim, the Plaintiff seek against the Defendant for the delivery of the real estate indicated in the separate sheet (hereinafter “instant real estate”) and the return of unjust enrichment equivalent to the rent.
Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1, 2, and 3, Nonparty C entered into a lease contract with the Defendant on February 4, 2014 with the term of KRW 720,000 per annum for the instant real estate without a lease deposit, from February 4, 2014 to February 4, 2019; C donated the instant real estate to the Plaintiff on May 23, 2014; the Plaintiff succeeded to the lessor status under the said lease contract; the Defendant did not pay the rent at all; the Plaintiff sent a certificate to the Defendant on March 28, 2016, stating that the notice of termination of the said lease was served to the Defendant at that time.
According to the above facts, since the above lease is deemed to have terminated as a lessee’s nonperformance, the Defendant is obligated to deliver the pertinent real estate to the Plaintiff with the return of the leased object, and to pay the amount calculated by applying the rate of KRW 1,440,000 to the unpaid rent and unjust enrichment from February 4, 2014 to February 4, 2016 (=720,000 won x 2 years) and from February 5, 2016 to the date the delivery of the instant real estate is completed.
2. The defendant's assertion argues that since the defendant lent the real estate of this case from the plaintiff without compensation, and the real estate of this case was in a situation in which people could not reside due to myico and habiting inside, the plaintiff's claim is unreasonable.
However, the evidence presented by the defendant alone is insufficient to accept it, and there is no other evidence to acknowledge it, and the defendant's above assertion is without merit.
3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.