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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) delivers the second floor of 57.59 square meters to the Plaintiff (Counterclaim Defendant) from among the buildings indicated in the attached list, and on May 2014.
Reasons
1. On May 4, 1997, the Plaintiff leased from Busan Cultural Broadcasting Co., Ltd. the building indicated in the “building sign” attached to this year.
On December 12, 2004, the Plaintiff sub-leaseed the two-story 57.59 square meters (hereinafter “instant building”) among the buildings indicated in “the indication of the building” attached to the Defendant, with a deposit of KRW 3 million, monthly rent of KRW 300,000,000, monthly rent of KRW 300,000, and the period of two years.
The sub-lease was reduced by 200,000 won from August 2010, when the sub-lease was implicitly renewed.
The Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground of the following two or more occasions with the service of the duplicate of the complaint of this case.
The defendant currently occupies the building of this case.
[Reasons for Recognition] Uncontentious Facts, Gap 1, 2 evidence, Eul 1, the purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. The fact that the Defendant did not pay the monthly rent from May 2012 to the judgment on the delivery of buildings and the claim for return of unjust enrichment does not conflict between the parties. Thus, the instant lease agreement was terminated on September 25, 2013, which was the date of delivery of the copy of the complaint of this case, on September 25, 2013.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and as requested by the Plaintiff, the Defendant is obligated to pay the amount calculated by applying the rate of KRW 200,000 per month, which is the amount equivalent to the rent, from May 1, 2014 to the date of delivery of the instant building.
B. 1) Determination on the claim for the amount already accrued from August 2010 to August 2013 as to the rent of KRW 3.2 million from May 2012 to August 2013, 2013 is recognized (in fact that there is no dispute, x 200,000 won) (i.e., 16 months). Since the defendant has asserted that the rent was paid from August 2010 to April 2012, the defendant raised a defense that the rent was paid in full, i.e., 10, B, 14, 15, 16, and 20 copies of the arguments, taking full account of the overall purport of the arguments, if the plaintiff written the sum of the electricity charges and the house taxes at the end of each month at the end of each month and if the plaintiff written the aggregate at the end of each month.