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1. The judgment of the court of first instance is modified as follows.
The Defendant, as the Plaintiff
(a) the real estate listed in the separate sheet;
Reasons
1. On November 17, 2016, the Plaintiff asserted that the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on the same day, and delivered the said real estate to the Defendant on the same day. However, the Defendant did not pay rent, management fee, value-added tax, etc. (hereinafter “rent, etc.”) for the six-month period from that time to that time, and a duplicate of the instant complaint containing the Defendant’s declaration of intent to terminate the said lease on the grounds of the rent delay was served on the Defendant.
Since the above lease contract between the Plaintiff and the Defendant is deemed to have been terminated by the Defendant’s delay, the Defendant is obligated to deliver the instant real estate to the Plaintiff; ② to pay to the Plaintiff the unpaid rent of KRW 13,300,000, and damages for delay incurred until December 2017; ③ to pay the amount of unjust enrichment equivalent to the rent from January 1, 2018 to the completion date of delivery of the said real estate.
2. Determination
A. On November 2016, the Plaintiff and the Defendant entered into a lease agreement with a deposit amount of KRW 50 million, monthly rent of KRW 200,000 (excluding value-added tax) and KRW 30,000 per month for management expenses (hereinafter “the lease agreement of this case”). As seen earlier, the Plaintiff expressed his/her intention to terminate the lease agreement of this case on the ground of the Defendant’s delayed delay as a delivery of a copy of the complaint of this case, as seen earlier. The Plaintiff may be deemed to have delivered the above real estate to the Defendant after the contract of this case was concluded by the records, or by the overall purport of pleadings or images of evidence Nos. 1, 2, 10, and 12, and the Plaintiff received KRW 30,000 from the Defendant, out of the deposit money of this case, and the Plaintiff received KRW 16,500,000 from the Defendant for a total period from January 1, 2017 to December 12, 2017.