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1. The defendant shall be the plaintiff.
A. To deliver each real estate listed in the separate sheet, and to be listed in the separate sheet from June 20, 2017.
Reasons
1. Facts of recognition;
A. From around 2012, the Plaintiff leased each real estate indicated in the separate sheet (hereinafter “instant real estate”) to the Defendant from KRW 3,300,000 per month.
On July 28, 2014, the Plaintiff concluded a new contract to lease the instant real estate to the Defendant by setting the lease deposit of KRW 30,000,000, rent of KRW 3,630,00 per month (including value-added tax, advance payment on July 20, 2014) and the lease period of KRW 20,00 per month from July 20, 2014 to July 19, 2016.
(Generally, “instant lease agreement.” The Defendant paid the lease deposit to the Plaintiff pursuant to the instant lease agreement, and received the instant real estate from the Plaintiff.
B. The Defendant did not pay the rent for the instant lease agreement for December 2012, 2014 for the year 2, 8, and 9 for the year 2014, 1, 3, 5, and 8 for the year 2015, and 1,5 months for the year 2016.
C. On June 1, 2016, the Plaintiff sent a content-certified mail to the Defendant that he/she did not wish to renew the instant lease agreement and that he/she would pay overdue rents.
The Defendant uses and benefits from the instant real estate as “B” restaurant even after July 20, 2016 when the instant lease contract was terminated.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above findings of the determination on the portion of the claim for delivery of real estate, the instant lease agreement was terminated on July 20, 2016, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
B. Determination of overdue rent and unjust enrichment claim 1 Defendant did not pay rent prior to the termination of the instant lease agreement. After July 20, 2016, the instant lease agreement was terminated, the Defendant obtained profit equivalent to the rent for the instant real estate, and incurred loss equivalent to the Plaintiff.