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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. From February 3, 2019, the above-mentioned A
subsection (b).
Reasons
1. Facts of recognition;
A. On October 28, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 30 million and monthly rent of KRW 650,000 (payment on the third day of each month in advance), and handed over the instant building to the Defendant on or before November 3, 2015.
The Defendant paid the Plaintiff KRW 3 million on October 28, 2015, and KRW 27 million on November 3, 2015, as the lease deposit.
B. On August 24, 2016, at the Defendant’s request, the Plaintiff returned KRW 10 million out of the lease deposit to the Defendant. Around that time, the Plaintiff agreed with the Defendant to raise the monthly rent from September 2016 to KRW 750,000 per month.
C. On June 5, 2018, 12, and 20th of the same month, the Plaintiff sent to the Defendant a letter verifying that the instant lease agreement was terminated on the grounds that the Defendant paid 50,000 monthly rent to the Plaintiff after the conclusion of the instant lease agreement.
The Defendant is occupying and using the instant building even until June 4, 2019, which was the date of closing the argument in the instant case.
[Reasons for Recognition] Facts without dispute, Gap 1 through 4, 7, Gap 5-1, 2, and 3, the purport of the whole pleadings
2. Determination
A. According to the above facts as to the cause of the claim, since the lease contract of this case was terminated on or around June 5, 2018 when the mail verifying the above contents sent by the plaintiff to the defendant, the defendant is obligated to deliver the building of this case to the plaintiff. 2) In addition, the defendant is obligated to pay to the plaintiff the amount of money calculated at the rate of KRW 650,000 per month from April 3, 2016 to September 2, 2016, which is the amount of the rent or rent payable to the plaintiff, and the amount of money calculated at the rate of KRW 7,50,000 per month from the next day to the completion date of delivery of the building of this case. The remaining lease deposit amount of KRW 20,000 ( KRW 30,000 - KRW 10,000) was appropriated for unpaid rent and the payment was received from the defendant after the filing of the lawsuit of this case.