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1. The defendant
(a) deliver the buildings listed in the separate sheet;
(b) 13,00,000 won and paragraph (a) from September 15, 2018.
Reasons
1. Facts of recognition;
A. On January 15, 2018, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,500,000, and from February 15, 2018 to February 14, 2020 with regard to the building listed in the separate sheet (hereinafter “instant building”), but increased the rent of KRW 2,00,000 from April 15, 2018 to February 14, 2020.
(hereinafter “instant lease agreement”). B.
According to Article 4 of the instant lease agreement, where a lessee fails to pay rent more than twice consecutively, the lessor may terminate the instant lease agreement immediately.
C. The Defendant did not pay the monthly rent from February 15, 2018.
On September 11, 2018, the Plaintiff sent to the Defendant a certificate of the content that the instant lease contract will be terminated on the grounds of the delinquency in rent, and the Defendant received the said certificate around that time.
[Ground of recognition] Evidence 1-3, Evidence 1-2-1, 2-2, and evidence 3-2, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion that the instant lease agreement was terminated as the Defendant’s delinquency in rent, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff. From February 2, 2018 to September 2019, the amount equivalent to KRW 15,000,000 for overdue rent and KRW 2,00,000 for September 15, 2018 to September 15, 2018, shall be paid as unjust enrichment.
B. Determination 1) According to the above fact-finding on the part on the claim for delivery of a building, the instant lease agreement was terminated by the Defendant’s failure to pay two or more rents, and the Defendant is obligated to deliver the instant building to the Plaintiff. (2) According to the above fact-finding on the part on the claim for payment of the money, the sum of the rents in arrears for seven months from February 15, 2018 to September 14, 2018 (3,000,000,0000 (1,50,000,0000 x 1,50,0000 x x 5,000 from February 15, 2018 to April 14, 2018).