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The defendant shall pay KRW 23,664,193 to the plaintiff (appointed parties) and the appointed parties.
The remainder of the Plaintiff (Appointed Party).
Reasons
Facts of recognition
A. On December 15, 2017, the Plaintiff leased the deposit amount of KRW 20,00,000, monthly rent of KRW 1,200,000, management fee of KRW 100,000 (value added tax on the rent and management fee of KRW 15,00,00, monthly rent of KRW 1,200,00, among the real estate listed in the list of [Attachment] owned by the Plaintiff and the designated parties (hereinafter “instant real estate”), from December 15, 2017 to December 14, 2019.
(hereinafter referred to as “instant lease agreement”). B.
around that time, the Defendant occupied the instant real estate by taking over the instant real estate from the Plaintiff.
C. Meanwhile, the Defendant was in arrears with April 2019, and on January 28, 2020, the Plaintiff expressed to the Defendant the intent to terminate the instant lease on the grounds of two or more occasions of delinquency in rent by means of content-certified mail, and around that time, the said content-certified mail was served on the Defendant.
[Grounds for recognition] The items of evidence Nos. 1, 2, and 3 and the purport of the whole pleadings
2. The assertion and judgment
A. Since the Plaintiff’s assertion that the instant lease agreement was terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in rent, the Plaintiff has the right to seek delivery of the instant real estate against the Defendant based on the ownership of the instant real estate.
On the other hand, since the defendant did not pay rent and management expenses from April 2019, the defendant is obligated to return the above rent and management expenses from April 15, 2019 to the completion date of delivery of the real estate in this case, or unjust enrichment equivalent to the above amount.
B. The evidence submitted by the Plaintiff regarding the claim for extradition of the instant real estate of this case is difficult to acknowledge the fact that the Defendant possessed the instant real estate as of the date of closing argument in the instant case, and otherwise, evidence to acknowledge it.