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1. The defendant shall be the plaintiff.
(a) Of the buildings listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 4, and 1;
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;
3. The portion dismissed is seeking payment of rent or unjust enrichment calculated at the rate of KRW 5,775,00 per month, calculated in sequence from November 13, 2017 to October 12, 2018, along with the unpaid rent of KRW 33 million (including management expenses) from October 13, 2018 to October 13, 2018, which is 82.4 square meters in line with each of the items indicated in the separate sheet among the buildings listed in the separate sheet from October 13, 2018 (hereinafter “instant store”).
In light of the above, the tenant's return of unjust enrichment on the ground that he did not have any legal ground refers to the substantial benefit. Thus, even if the tenant continued possession of the leased building part after the lease contract relationship was terminated, in case where the tenant did not use or make profit according to the original purpose of the lease contract and did not actually gain profit, it does not constitute a lessee's return of unjust enrichment (see Supreme Court Decision 98Da8554, Jul. 10, 1998). According to the Plaintiff's assertion, even if the defendant did not operate Smarket at the store of this case before the lawsuit of this case, since the defendant did not operate Smarket, the tenant bears the obligation to pay rent by October 29, 2018, which is the delivery date of the copy of the complaint of this case terminated the lease contract, but thereafter, the tenant did not use or make profit in accordance with the original purpose of the lease contract, and thus does not bear any obligation to return unjust enrichment.
Therefore, the Defendant is obligated to pay only the unpaid rent of KRW 33 million for the unpaid rent from November 13, 2017 to October 12, 2018 and the unpaid rent of KRW 3,166,935 for less than KRW 36,16,935 in total (17 minutes) from October 13, 2018 to October 29, 2018.