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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) 4,00,000 won and October 14, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), leased the instant real estate to the Defendant on October 14, 2015, on the same day, on October 14, 2015, from October 13, 2015, from October 14, 2015 to October 13, 2017 (two years), from the first year to the first year, from the first year to the first year, and on October 13, 2017, from the first year to the first year to the Defendant, and on the same day, handed over the said real estate to the Defendant on the same day.
B. After October 13, 2019, the lease term was extended by two years until October 13, 2019, and the rent for the extended period was set at KRW 11 million per annum.
C. The Defendant did not pay 2 million won out of the rent that occurred during the previous lease period to the Plaintiff, and the extended lease period did not pay all the rent that occurred during the extended lease period.
On September 3, 2019, the Plaintiff sent to the Defendant a written notification that the lease contract will be terminated on the grounds of delinquency in rent, by content-certified mail, and around that time, the Defendant was served with the notice.
E. The defendant occupies the real estate of this case until the date of closing the argument.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the claim for the delivery of a building, the lease contract between the Plaintiff and the Defendant was lawfully terminated by the Plaintiff’s termination notice around September 3, 2019, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
B. According to the above facts finding as to the claim for return of unjust enrichment equivalent to the rent and the rent, the Defendant is obligated to pay the Plaintiff the remainder of four million won (=24 million won - 20 million won) after deducting the deposit deposit of the Plaintiff, which is the amount of unjust enrichment equivalent to the rent and the rent accrued until October 13, 2019, which the Plaintiff should deduct from the rent of arrears, etc. (i.e., the amount of 20 million won). Since October 14, 2019, the Defendant is obligated to pay the Plaintiff the amount of KRW 916,660 per month as unjust enrichment equivalent to the rent of the rent of KRW 10 million = 12 months ± 12 months.