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1. The defendant delivers to the plaintiff the building indicated in the attached list, and from June 3, 2014 to the above delivery date.
Reasons
On May 2, 2013, the Defendant entered into a lease agreement with the Plaintiff with a deposit of KRW 1 million and KRW 550,000 per month (including management expenses) regarding the real estate stated in the separate sheet, and did not pay the rent from January 3, 2014 while occupying and using the said real estate. Accordingly, the Plaintiff notified the Defendant of the termination of the said lease agreement on or around May 12, 2014, may be recognized in full view of either the parties’ dispute, or the purport of the pleading as stated in the evidence No. 4 and No. 5, and the said lease agreement between the Defendant was lawfully terminated by the Plaintiff’s notice of termination on May 12, 2014.
Therefore, the Defendant is obligated to deliver to the Plaintiff real estate listed in the attached list, and to pay to the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 2750,000,00 (550,000 won x 550,000 won x 5,000 won x 5,000 won x 5,000 won (6. 2, 2014) from January 3, 2014 to June 3, 2014 and the amount of unjust enrichment calculated at the rate of KRW 550,00 per month from June 3, 2014.
(A) On June 2, 2014, the Plaintiff asserted that the amount after deducting the deposit from the rent at delay is KRW 2.2 million, but the portion exceeding KRW 1.750,000,00 as seen earlier due to an error in calculation shall not be accepted). Accordingly, the Plaintiff’s claim in this case is accepted within the scope of recognition as above, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.