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1. The Defendant ordered the Plaintiff to order the building indicated in the list of real estate attached to the Plaintiff, and the above building from 519,342 won and August 10, 2020.
Reasons
1. Basic facts
A. On June 12, 2019, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit of KRW 10 million, monthly rent of KRW 955,00 (a separate value-added tax), and the lease term from July 10, 2019 to July 9, 2020 (hereinafter “instant lease agreement”).
B. On June 18, 2020, the Plaintiff notified the Defendant of the termination of the contract upon the expiration of the term of the instant lease agreement. Accordingly, on July 7, 2020, the Defendant agreed to deliver the instant real estate to the Plaintiff on the expiration date of the instant lease agreement, by settling accounts of the unpaid rent and management expenses, etc. between the Plaintiff and preparing a statement of retirement.
(c)
The details of the rent in arrears by the defendant are as listed below:
(d)
The amount of the Defendant’s delinquency in the management expenses imposed on the instant real estate is KRW 862,842 as of July 7, 2020.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. According to the above facts, the lease contract of this case was terminated, and if the sum of the rent in arrears incurred from KRW 10 million to August 9, 2020, the rent equivalent to the rent due to the possession and use of the real estate of this case, and the rent in arrears and the management fee in arrears were deducted from KRW 10,519,342 (= KRW 8,606,000, KRW 1,050, KRW 862,842). Rather, 519,342 is insufficient.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff in accordance with the instant lease agreement, and pay the amount calculated by applying the ratio of KRW 519,342 to KRW 50,500 per month from August 10, 2020 to the completion date of delivery of the said building from August 10, 2020 to the date following the date of settlement of unjust profit.
3. The plaintiff's claim is reasonable, and it is so accepted and decided as per Disposition.