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1. The Plaintiff:
A. Defendant B shall deliver the real estate indicated in the separate sheet, and shall deliver the said real estate from July 25, 2016.
Reasons
1. Facts of recognition;
A. On October 24, 2014, the Plaintiff entered into a lease agreement with Defendant B, with regard to the real estate listed in the separate sheet (hereinafter “instant apartment”) with Defendant B (hereinafter “instant apartment”). From October 25, 2014 to October 25, 2016, the Plaintiff entered into a lease agreement with the term of KRW 10,000,000, monthly rent of KRW 450,000 (prepaid on October 25, 201), and the Defendant B is living in the instant apartment complex along with Defendant C, who is a child around that time.
B. As Defendant B was in arrears for April and May 2015, the Plaintiff notified Defendant B of his intention to terminate the lease agreement on June 17, 2015.
The Plaintiff notified the Defendant B on October 14, 2015 that the lease contract was terminated due to the overdue delay between August 2015 and September 2015.
[Reasons for Recognition] Unsatisfy, each entry of Gap1 through 6 (including virtual numbers), the purport of the whole pleadings
2. Determination:
A. According to the above facts, the lease contract between the Plaintiff and the Defendant B was terminated by notifying the Plaintiff that Defendant B would not pay the rent at the time.
Therefore, Defendant B transferred the instant apartment to the Plaintiff, and Defendant C has the duty to leave the instant apartment.
In addition, Defendant B appears to have continuously occupied and used the apartment of this case even after the termination of the lease agreement. As such, Defendant B is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 450,000 per month from July 25, 2016 to the completion date of delivery of the apartment of this case.
B. The Defendants asserts that the term of the lease agreement remains, and that the monthly rent was paid in full.
However, even if the term of the lease contract is not expired, the lessor may terminate the lease contract if the lessee does not pay it at the time, and the Plaintiff notified the termination of the lease contract on the grounds of the overdue arrears of the Defendant B as seen earlier. Therefore, the lease contract between the Plaintiff and the Defendant is concluded.