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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
(b) KRW 1,713,182 and as regards these, January 2019.
Reasons
1. Facts of recognition;
A. On May 8, 2015, the Plaintiff entered into a lease agreement with the Defendant on May 6, 2015 to August 9, 2016, the lease deposit amount of KRW 10,000,000, monthly rent of KRW 10,000, monthly management fee of KRW 70,000, monthly management fee of KRW 70,000 (Advance payment), and the lessee at the expense of the water rate of the water rate of KRW 70,00,00. The Defendant paid the lease deposit to the Plaintiff and thereafter is occupying and using the instant building.
B. As the Defendant did not pay monthly rent for at least two consecutive periods, the Plaintiff urged payment of overdue rent, etc. by mail certified as of November 28, 2017 and the content-certified as of December 6, 2017, and notified the delivery of the instant building by December 20, 2017, if the Plaintiff did not perform the demand, and all of them were delivered to the Defendant around that time.
C. The water rate for which the Defendant did not pay for the period from November 9, 2018 after the commencement of lease to November 9, 2018 is KRW 703,182.
[Reasons for Recognition] Facts without dispute, Gap 1-6 evidence (if there is a serial number, the indication omitted), the purport of the whole pleadings
2. According to the facts established above, the lease between the Plaintiff and the Defendant was lawfully terminated on the grounds of the Defendant’s delinquency in rent for at least two years.
Therefore, following the termination of lease, the Defendant is obligated to deliver the instant building to the Plaintiff who is the owner, and pay the overdue rent, management fee, or a reasonable amount of unjust enrichment and the unpaid water fee.
The Defendant’s payment of the amount to be made by the Plaintiff, upon the Plaintiff’s request, was 35,00,000 won (=3,000 won in arrears from May 10, 2015 to December 9, 2018 or from 46,010,00 won in excess of 43/46,00 (70,000 won) x 43 months x 703 months in excess of 703,182 won in total and 46,713,182 won in excess of 46,713,182 won in excess of 46,00,00 won in excess of 703,182 won in excess of 35,00,000 won in excess of 3,00,000,000 won in repayment on August 14, 2018) minus the Plaintiff’s deposit, 10,000 won in excess of 13,0001.7