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1. The defendant shall be the plaintiff.
(a) deliver the real estate indicated in the annex “real estate indication”;
(b) from November 1, 2015.
Reasons
1. Facts of recognition;
A. On October 1, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Nonparty C, setting the term of lease from October 1, 2013 to April 1, 2018, with the term of lease of KRW 500,000 of the monthly rent (payment at the end of each month).
B. After May 2014, C agreed to transfer the right to lease of the instant real estate to the Defendant, and around that time, C obtained consent from the Plaintiff for such transfer of the right to lease. Accordingly, the Defendant occupied and used the instant real estate as a lessee from June 1, 2014.
C. The Defendant paid only the rent to the Plaintiff by October 31, 2015, and did not pay the rent after November 1, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness C's testimony, purport of whole pleadings
2. Determination
A. According to the above facts, the Defendant did not pay the rent after November 1, 2015, and the amount of the overdue rent reaches the two-term rent prior to the instant lawsuit. Accordingly, the instant lease contract was lawfully terminated upon being served on the Defendant on December 6, 2016, when the duplicate of the instant complaint containing an expression of intent to terminate the instant lease agreement was served on the Defendant on the part of December 6, 2016.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and is obligated to pay the overdue rent and unjust enrichment calculated by the ratio of KRW 500,000 per month from November 1, 2015 to the completion date of delivery of the instant real estate.
B. As to this, the Defendant asserted to the effect that even though the Defendant, at the time of acquiring the right of lease from C, newly agreed to the Plaintiff as the monthly rent of KRW 300,000,000, the Plaintiff unilaterally demanded and paid the rent of KRW 500,000 per month. However, as alleged above by the Defendant, the Defendant is a monthly rent between the Plaintiff and the Defendant.