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1. From May 14, 201 to the completion date of delivery of the building indicated in the separate sheet from KRW 20,000,000 to KRW 20,000.
Reasons
1. Determination as to the cause of claim
A. 1) On March 23, 2011, the Plaintiff is the building indicated in the separate sheet owned by the Plaintiff between the Defendant and the Defendant (hereinafter “instant store”).
(3) A lease agreement is concluded between the Defendant and the Defendant with a deposit amounting to KRW 20 million, KRW 30 million per annum, and the lease term fixed from March 1, 201 to March 1, 2012 (hereinafter “instant lease agreement”).
2) The Plaintiff notified the Defendant of the refusal to renew the instant lease agreement upon delivery of the copy of the instant complaint. The Plaintiff notified the Defendant of the refusal to renew the instant lease agreement on February 28, 2017.
3) Meanwhile, around March 23, 2011, the Defendant paid deposit of KRW 20 million to the Plaintiff, and is running party funeral business at the instant store up to the present day. The Defendant paid KRW 3 million to the Plaintiff in the name of rent around March 2017 and around April 2017, each of which was paid to the Plaintiff, and the subsequent rent was not paid. [The fact that there is no ground for dispute over recognition, evidence Nos. 1, 2-1 and 2-1 and 2-2, and the purport of the entire pleadings.]
B. According to the above findings, the instant lease contract was terminated on February 28, 2017. Thus, barring any special circumstance, the Defendant is obligated to receive from the Plaintiff the remainder of the amount calculated by deducting the amount of unjust enrichment calculated by the ratio of the rent to the deposit amount of KRW 20 million from May 14, 2017 (the amount of KRW 6 million equivalent to the rent paid by the Defendant to the Plaintiff was appropriated as the sum of the rent of March and April 2017 and the amount of unjust enrichment equivalent to the rent of KRW 5 million from March 13, 2017 until May 13, 2017) from the date of delivery of the instant store to the date of completion of delivery of the instant store.
2. The defendant's assertion is based on Article 10 (2) of the Commercial Building Lease Protection Act.