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1. The defendant
(a) deliver the real estate listed in the separate sheet;
(b) As from February 1, 2017, KRW 1,400,00 and above.
Reasons
1. Basic facts
A. On March 1, 2015, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the attached list (hereinafter “instant store”) with a deposit of KRW 1 million, monthly rent of KRW 100,000,000, and the lease period from March 1, 2015 to March 1, 2017, and leased the instant store to the Defendant.
B. Since the Defendant paid the rent from March 1, 2015 to November 30, 2015, it has not paid the rent until then.
C. On February 7, 2017, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the grounds of unpaid rent, and that the Plaintiff reached the Defendant at that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5, the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the instant lease contract was revoked, so the Defendant is obligated to deliver the instant store to the Plaintiff, and return unjust enrichment equivalent to the rent in proportion to the rate of KRW 1.4 million per month from February 1, 2017 to January 30, 2017, and from February 1, 2017, from February 1, 2017 to January 1, 2017.
B. The defendant's assertion and judgment are asserted to the purport that the plaintiff is not entitled to rent the store of this case, and there is no ground to pay the rent to the plaintiff, and that there is no ground to accept the request for extradition by the plaintiff without authority.
However, it is only the case where one of the parties agrees to allow the other party to use or make profits from an object, and the other party agrees to pay rent for it. Furthermore, the requirements for the establishment of the lessor to have ownership and other rights to lease the object. Thus, even if the object of lease is owned by the other party, barring special circumstances, such as a request for return of the object, a rent, or a payment of the corresponding amount, even if the object of lease is owned by the other party.