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1. The defendant shall be the plaintiff.
(a) deliver a building indicated in Appendix 1;
(b)Yyang-gu Goyang-gu C ground.
Reasons
1. On November 22, 2016, the Plaintiff leased the building indicated on the attached Form 1 real estate indication (hereinafter “instant building”) to the Defendant on the following terms:
(hereinafter “instant lease agreement”). A lessor may terminate this agreement without delay for a period of 24 months from December 10, 2016 to December 9, 2018, with a lease deposit of KRW 12,000,000, and KRW 1,200,000 per month from the rent of KRW 1,20,000 (additional tax separately), or in violation of Article 3 (Change of Use and Sublease, etc.).
Where a lease contract is terminated, the lessee shall restore the above real estate to the lessor and return it.
In front of the instant building, the Defendant installed one container in attached Form 2 (hereinafter referred to as “instant container”) and used it together with the instant building. From April 10, 2018, the Defendant was in arrears.
[Ground of recognition] Facts without dispute, entries in Gap 2, 3, and 4 or the purport of the whole pleadings
2. Determination:
A. On August 11, 2018, the Plaintiff sent the content that the instant lease agreement was terminated on the grounds of the Defendant’s delinquency in rent, and around that time, the fact that the content certification was served on the Defendant may be acknowledged either as either disputing between the parties or by adding the entire purport of the pleading in the statement No. 1. Therefore, the instant lease agreement was lawfully terminated at that time.
Thus, the defendant is obligated to deliver the building of this case to the plaintiff, take the container of this case, and pay to the plaintiff unjust enrichment equivalent to the rent of 5,160,000 won in arrears calculated as follows and the rent of 1,320,000 won in monthly from May 10, 2019 to the date of delivery and taking place. Thus, the plaintiff's claim is justified within the above scope of recognition.
Additional tax of KRW 15,60,000, in total, 17,160,000 for 13 months from April 10, 2018 to May 9, 2019.