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1. The Defendant (Counterclaim Defendant) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the attached real estate list.
2...
Reasons
1. Basic facts
A. On October 8, 2015, the Plaintiff concluded a lease agreement with the Defendant to lease the buildings indicated in the attached list of real estate (hereinafter “instant building”) as follows:
(hereinafter “instant lease agreement”). - Period: From November 12, 2015 to November 12, 2017 - Lease deposit: 10,000,000 won - Rent: 1,100,000 won per month (prepaid on November 11)
B. From November 12, 2015, the Defendant is occupying and using the instant building while running the beauty art room business under the trade name “C” until then.
C. Meanwhile, prior to the conclusion of the instant lease agreement, the Plaintiff operated beauty room business in the instant building; at the time of the conclusion of the instant lease agreement, the Plaintiff received KRW 20,000,000 from the Defendant as premium in addition to the instant lease deposit.
The Defendant did not pay the Plaintiff the rent for May 2016 and May 2017 among the rent for the instant building. The Defendant paid the rent for the period from September 15, 2017 to August 2017, but did not pay the remainder except for the payment of KRW 500,000 on November 15, 2017.
E. On May 10, 2018, the Plaintiff sent to the Defendant a certificate of content to the effect that the instant lease contract is terminated on the grounds of the foregoing delinquency in rent, and around that time, the certificate of content was served on the Defendant.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 2, and the purport of whole pleading
2. According to the facts of the judgment on the principal lawsuit, the instant lease contract was terminated by the Plaintiff’s notice of termination on November 12, 2017, which was based on the expiration of the period of November 12, 2017 and the Defendant’s notice of termination.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
According to the facts acknowledged in the basic facts, the Defendant’s rent or unjust enrichment equivalent to the rent that the Defendant did not pay to the Plaintiff by the date of closing the argument in this case.