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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the buildings listed in the separate sheet;
B. October 12, 2016
Reasons
On June 12, 2014, the Plaintiff, on June 12, 2014, leased the building of 2nd floor C in Yeonsu-gu Incheon Metropolitan City (hereinafter referred to as the “instant building”) to the Defendant with the term of lease from June 12, 2014 to June 12, 2016, the lease deposit amount of KRW 20 million, and the monthly rent of KRW 1.8 million.
(hereinafter “instant lease agreement.” From August 12, 2014 to August 11, 2014, the Defendant paid only KRW 9 million in total as of September 18, 2014, with the rent under the instant lease agreement, from September 12, 2016, until June 12, 2016.
The defendant is running a restaurant in the building of this case until now, and uses and benefits from the restaurant.
【In light of the fact that there is no dispute over the ground for recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 1, and 2 (including each number in the case of serial numbers; hereinafter the same shall apply), and the purport of the entire pleadings, the lease contract of this case has expired on June 12, 2016, and thus, the defendant is obligated to deliver the building of this case to the plaintiff and pay 32,40,000 won (=the total amount of 4,140,000 won (1.8,00 won x 23 months) to be paid from August 12, 2014 to June 12, 2016 - nine million won).
In addition, according to the above facts, even after the termination of the instant lease agreement, the Defendant is obligated to pay the Plaintiff money calculated by applying the rate of KRW 5,400,000 per month from Oct. 12, 2016 to Oct. 12, 2016 to the completion date of delivery of the instant building as unjust enrichment, since the Defendant gains profit from the use of and profit from the instant building for restaurant business, and thereby causes damage equivalent to the same amount to the Plaintiff, which is the lessor. Therefore, the Plaintiff is obligated to pay the amount of money calculated by applying the rate of KRW 1.8 million per month from Jun. 13, 2016 to September 12, 2016 to the Plaintiff as sought by the Plaintiff.
After all, the defendant should make the building of this case available to the plaintiff.