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1. The defendant
(a) deliver the real estate listed in the annex;
B. From 27,161,300 won and June 30, 2020
(b).
Reasons
1. Facts of recognition;
A. On August 30, 2019, the Plaintiff leased real estate listed in the attached Form (hereinafter “instant real estate”) to the Defendant with a deposit of KRW 35,00,000, monthly rent of KRW 3,300,000 (including value-added tax) and the lease term from August 30, 2019 to December 31, 2020.
(A) Evidence No. 1, hereinafter referred to as “instant lease contract”). B
After entering into the instant lease agreement, the Defendant paid the Plaintiff the deposit and resides in the delivery of the instant real estate from the Plaintiff. On September 11, 2019, the Defendant did not pay the following amounts to KRW 3,000,000 on January 10, 2020, KRW 1,500,000 on January 22, 2020, and KRW 2,500 on January 22, 2020.
C. On February 29, 2020, the Plaintiff sent to the Defendant a written termination notice stating his intent to terminate the instant lease agreement on the grounds of the Defendant’s nonperformance of the Defendant’s obligation to pay rent, by content-certified mail, and the said written notice reached the Defendant around that time.
(A) No. 4. D.
By June 29, 2020, the Defendant did not pay to the Plaintiff KRW 22,00,000 for the rent and KRW 5,161,30 for the management expenses.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, obvious facts in records, 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. As such, the amount of the monthly rent is obligated to be returned to the Plaintiff as unjust enrichment.
Ultimately, the Defendant delivered the instant real estate to the Plaintiff, and delivered the said real estate from June 30, 2020 to June 29, 202, including the sum of KRW 22,00,000 and KRW 5,161,300 for management expenses, and KRW 27,161,300 for management expenses, and from June 30, 2020.