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1. The defendant,
A. At the same time, the Plaintiff received KRW 10,000,000 from the Plaintiff and at the same time, the real estate indicated in the attached Table.
Reasons
1. On April 12, 2020, the Plaintiff, one of the five-story buildings of reinforced concrete structure sloping roof located in Gwangju Northern-gu, Gwangju, which is its own ownership, No. 1. A.
The real estate stated in paragraph (1) (hereinafter “instant real estate”) was leased to the Defendant (hereinafter “instant lease”) with a deposit of KRW 20,000,000, monthly rent of KRW 770,000 (prepaid on May 30, 202) and the contract term from May 30, 202 to May 29, 202.
On April 12, 2020, the Defendant paid only KRW 2,000,000 as down payment, and KRW 8,000,000 as part payment on May 9, 2020, as part payment, to the Plaintiff as security deposit.
On June 8, 2020, the Plaintiff demanded the payment of KRW 10,000,000 unpaid out of the above deposit, and sent to the Defendant the content-certified mail stating that the instant lease contract will be terminated if the payment is not made.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion does not pay KRW 10,000,000 as the remainder of the lease deposit, and thus, the instant lease contract is terminated.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time with the payment of KRW 10,000,000 from the Plaintiff. The Defendant is obligated to pay to the Plaintiff the amount equivalent to KRW 770,000 per month for unjust enrichment equivalent to the rental fee or the rental fee under the instant lease agreement.
B. Defendant’s assertion 1) The Plaintiff and the Defendant agreed to pay 10,000,000 won of the remainder security deposit to the Defendant in full. 2) With the Plaintiff’s consent, the Defendant paid KRW 9,104,00,000 to the instant real estate for the following reasons: (a) the entrance and exit door, shower, electricity and water supply work; and (b) the Defendant paid KRW 9,10
The defendant shall not deliver the real estate of this case until he exercises his right to purchase the appurtenances and is paid the price thereof.
3) The Defendant paid all monthly rent to the Plaintiff. C. 1) The instant case is rendered.