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1. The defendant shall be the plaintiff.
A. The whole floor among the buildings indicated in the attached list, Nos. 32.78 square meters, and No. 32.32.
Reasons
1. Basic facts
가. 원고는 2016. 3. 30. 피고와 사이에 별지 목록 기재 건물 중 1층 전부, 별지 도면 표시 C호 32.78㎡, D호 32.78㎡ 및 위 C호, D호 사이에 위치한 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 부분(이하 ‘이 사건 부동산’이라 한다)에 관하여 임대차보증금을 10,000,000원, 월차임을 1,100,000원, 임대차기간을 2016. 4. 30.부터 2018. 4. 30.까지로 정하여 임대차계약을 체결하였다.
B. From December 30, 2017, the Defendant did not pay the monthly rent. On August 20, 2018, the Plaintiff sent a notice to the effect that the said lease contract is terminated due to the Defendant’s delinquency in rent.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of determination, since the above lease agreement was terminated due to the Plaintiff’s declaration of intention of termination on the ground of not less than three years of arrears, the Defendant is obligated to deliver the instant real estate to the Plaintiff and return the amount of unjust enrichment equivalent to the overdue rent or rent, calculated by the rate of KRW 1,100,000 per month from December 30, 2018 to the completion date of delivery of the instant real estate.
In regard to this, the defendant suffered losses due to the delay in the plaintiff's delivery obligation and the defect in the real estate of this case, and argued that the plaintiff's overdue rent and unjust enrichment claim and the damage claim of the defendant should be offset against the amount equal to that of the defendant, but it cannot be accepted without any evidence to
3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.