beta
Text
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) 11,100,000 won and October 11, 2014.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant building”).
B. On June 5, 2014, the Plaintiff entered into a franchise transaction agreement with the head of Kuwonsan Co., Ltd., and entered into a consignment management agreement with the Defendant to entrust the business of the above “C” in the instant building. The Defendant, from June 10, 2014, decided that the Plaintiff will advance payment of KRW 3,700,000 as monthly rent, but if the Defendant delays rent for at least seven days, the Plaintiff may terminate the contract without the highest period against the Defendant.
C. The Defendant paid KRW 7,400,000 to the Plaintiff as security deposit pursuant to the above consignment management contract, and runs a business upon delivery of the instant building.
On June 10, 2014, the Defendant paid KRW 3,700,000 to the Plaintiff as monthly rent.
E. On August 13, 2014, the Plaintiff sent to the Defendant a certificate of content that he/she would take measures under the Act if he/she did not pay the monthly rent and value added tax for the second month of July and August 2014, which was unpaid to the Defendant by August 20, 2014. On September 24, 2014, the Plaintiff issued a certificate of content that he/she would terminate the consignment management contract and request the Defendant to surrender the instant building on the ground that he/she did not pay the unpaid monthly rent to the Defendant again.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the facts of the above recognition, since the above consignment management contract was lawfully terminated by the Plaintiff’s declaration of intention to terminate the contract for the reason for the Defendant’s unpaid rent, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 11,100,00,000 (= KRW 3,700,000 x 3 months) and the rent of KRW 3,700,00 each month from October 11, 2014 until the delivery of the instant building.