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1. From 17,00,000 to 18,000 won, the Defendant shall deliver the real estate listed in the separate sheet from January 18, 2015 to the completion of delivery of the real estate.
Reasons
1. Facts of recognition;
A. On February 12, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,000,000, and the lease term of KRW 24 months from March 3, 2013 (hereinafter “instant lease agreement”). On February 12, 2013, the Defendant paid the Plaintiff the above lease deposit amount of KRW 30 million.
B. From April 8, 2013 to July 4, 2014, the Defendant paid to the Plaintiff KRW 9,475,000 in total as monthly rent under the instant lease agreement.
C. On June 3, 2014, September 24, 2014, and December 15, 2014, the Plaintiff notified the Defendant of the payment of monthly rent under the instant lease agreement by each certified mail, and notified the Defendant of the termination of the instant lease agreement as the delivery of the instant complaint.
Grounds for recognition: A, 2, A3-1-3, and the whole purport of the pleading.
2. Determination
A. According to the above facts, the instant lease agreement was terminated on March 17, 2015, which was served on the Defendant on the grounds of the Defendant’s delinquency in rent, etc.
I would like to say.
Therefore, the Defendant, who occupies and uses the instant real estate, is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstances, and to pay the overdue rent and the unjust enrichment equivalent to the rent that the Defendant gains by occupying and using the instant apartment.
B. The Plaintiff asserts that KRW 9,475,000 already paid by the Defendant shall be appropriated to monthly rent from March 3, 2013 to December 18, 2013, and that the rent of KRW 13,000,000 in arrears from December 19, 2013 to January 13, 2015 set off KRW 30,000 as the instant lease deposit.
The Defendant paid approximately KRW 9,475,00 to the Plaintiff, KRW 9,475,00 from March 3, 2013 to December 2, 2013, and KRW 32,258 per day on December 2, 2013, since the Defendant paid approximately KRW 32,258 (= KRW 1,00,000/31) to the Plaintiff, the amount of KRW 475,00 for approximately 15 days.