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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b)payment of KRW 3,930,000;
C. Newly Inserted by Presidential Decree No. 2890, Dec. 1, 2
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant concluded a lease agreement on the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff, and set the lease term as KRW 10,000,000, and KRW 1,310,000,00 per month from August 17, 2017 to August 16, 2018.
(hereinafter “instant lease agreement”). Around August 17, 2017, the Plaintiff delivered the instant real estate to the Defendant.
B. The Defendant did not pay the Plaintiff the rent after September 17, 2017.
C. On December 26, 2017, the Plaintiff sent a certificate of content that “if the Defendant did not fully complete the rent, etc. for three-months unpaid by January 2, 2018, the Plaintiff sent to the Defendant a notice that the instant lease agreement will be terminated.” The said certificate of content reached the Defendant around that time.
hereinafter referred to as "Notice of Termination of this case"
D. Since the notice of termination of the instant case, the Defendant continued to occupy and use the instant real estate until now. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.]
2. Determination as to the cause of action
A. According to the facts found in the judgment on the claim for payment of the unpaid rent, the instant lease agreement was lawfully terminated at January 30, 2018 upon the Defendant’s notice of termination due to the failure to pay the three-year rent.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay KRW 3,930,000 (= monthly rent of KRW 1,310,000 x 3 months) for the unpaid three-month period.
B. The judgment on the claim for return of unjust enrichment equivalent to the rent is obliged to return to the Plaintiff, since the Defendant occupied the instant real estate after the termination of the instant lease agreement and obtained the profit from the use thereof, and thereby, inflicted damages on the Plaintiff, who is the lessor and the owner of the instant real estate.
Next, regarding the amount of unjust enrichment to be returned by the defendant, health expenses.