beta
Text
1. The defendant
(a) Among the real estate listed in the attached list No. 1, the drawings listed in the attached list No. 2 shall be indicated.
Reasons
1. Facts of recognition;
A. On February 3, 2016, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff as KRW 50,000 with respect to the portion (B) on the ship (hereinafter “instant real estate”), approximately KRW 25,00,00,000, the monthly rent, which was 550,000, connected each point, among the real estate listed in the attached Table 1, as indicated in the attached Table 2, among the real estate owned by the Defendant and the Plaintiff.
(A) No. 2, hereinafter “instant lease contract”). B.
The Defendant occupied the instant real estate upon delivery and did not pay KRW 5,240,000 until March 20, 2019, and did not pay KRW 581,340.
C. On May 3, 2019, the instant complaint stating the Plaintiff’s intent to conclude the instant lease agreement on the grounds of the Defendant’s delinquency in rent reaches the Defendant.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2, 6, and 7 in records, and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the instant lease contract was terminated as the Defendant’s nonperformance of obligation, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
In addition, the Defendant is obligated to pay the monthly rent under the instant lease agreement prior to termination, and the Defendant gains a profit equivalent to the monthly rent by making use of and benefit from the instant real estate without any legal cause after termination. Therefore, the amount of the monthly rent is obligated to be returned to the Plaintiff as unjust enrichment.
On the other hand, the plaintiff voluntarily admitted that KRW 5,000,000, out of the defendant's overdue rent and electricity fee, has been deducted from the deposit.
Ultimately, the defendant delivers the real estate of this case to the plaintiff, and as requested by the plaintiff, 821,340 won (=5,240,000 won) and 550,000 won per month due to the return of unjust enrichment equivalent to the monthly rent or rent under the lease agreement from March 21, 2019 to the completion date of delivery of the real estate.