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The defendant delivers to the plaintiff the real estate stated in the attached list, and from February 2016, the above real estate.
Reasons
1. Basic facts
A. On November 1, 2014, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), concluded a sub-lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 15,00,000,000, monthly rent of KRW 1,000,000, and the period from November 1, 2014 to October 31, 2016.
B. From February 2016, the Defendant delayed payment of the rent, and on June 23, 2016, the Plaintiff sent to the Defendant a certificate of the fact that the instant lease was terminated on the grounds of the delinquency of rent for a period of four months. The above certificate of content reached the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, since the instant lease contract was terminated by the Plaintiff’s termination notification, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent in proportion to KRW 1,00,000 per month from February 2016 to the completion of the delivery.
B. The Defendant’s assertion 1) asserts that: (a) the Defendant did not issue a tax invoice for the payment of rent; (b) although the Plaintiff issued the tax invoice for the payment of rent; (c) 25 square meters in fact and 10 square meters in that real estate was paid as illegal buildings; and (c) there were justifiable grounds for paying the rent as the amount of the rent was imposed excessively during the lease period; (b) the Defendant asserts that the amount of the rent to be excessively imposed from October 2002 to October 2016 is either deducted or offset from the amount of the unpaid rent or the amount of unjust enrichment equivalent to the unpaid rent from February 2016 to February 2016, the Plaintiff issued the tax invoice for the payment of rent.