beta
Text
Part of the rent payment in the judgment of the court of first instance against the defendant exceeding the amount ordered to be paid below.
Reasons
1. Basic facts
A. On December 2, 2018, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) stipulating that the building of this case is leased between D and D, who was the owner of the unit C of subparagraph (a) and 22.07 square meters in sequence, which connects each point of subparagraph (a) of the attached drawings among the third real estate listed in the attached list as of December 2, 2018 (hereinafter “instant building”), between D and D, who was the owner of the instant building, the deposit amount of KRW 2,00,000, monthly rent of KRW 370,000 (payment on December 2, 2018), and the lease term of which is from December 2, 2018 to December 1, 2019 (hereinafter “the instant lease”). Around that time, the building was delivered from D and completed resident registration, and then is live in the instant building until then.
B. On July 24, 2019, the Plaintiff purchased real estate listed in the attached list, including the instant building, from D, and completed the registration of ownership transfer on September 10, 2019.
C. The Defendant and D agreed to reduce the Plaintiff’s rent from March 2, 2019 to KRW 350,000 prior to the purchase of the instant building, and from March 2, 2019. The Defendant paid only the rent up to July 2019 to D, but did not pay the rent up to the expiration date of the instant lease agreement.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion succeeded to the lessor’s status of the instant lease by acquiring the ownership of the instant building, and the instant lease agreement was terminated on December 1, 2019.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff at the same time with a deposit of KRW 2,00,000 from the Plaintiff. From December 2, 2019 to the time of the delivery of the instant building, the Defendant is obligated to pay unjust enrichment equivalent to the rent of KRW 350,00 per month. The unpaid rent of KRW 1,40,000 ( KRW 350,000 x 4 months) and delay damages therefrom shall be paid.