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1. The defendant
(a) Attached Map 1, 2, 3, 4.2, among the real property listed in the separate sheet 90.83 square meters on each floor in the separate sheet.
Reasons
1. The following facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 and 2:
On July 26, 2014, the Plaintiff leased the lease deposit amount of KRW 1,00,000 (hereinafter “instant lease contract”) to the Defendant on July 26, 2014, the lease deposit of KRW 1,00,00,000 (hereinafter “instant lease contract”) with each point of Section 1, 2, 3, 44, and 35.84 square meters inboard (a) connected each point of Section 1, 2, 3, 4, 1, and 1,000 in sequence, among the real estate 90.83 square meters in the attached list, on the one hand, the Plaintiff paid the said lease deposit to the Plaintiff at that time, and the Defendant received the instant building portion from the Plaintiff and resides until the date of termination of the pleadings of the instant case.
B. However, the Defendant paid only the rent by October 26, 2014 to the Plaintiff and did not pay the rent thereafter.
C. On March 30, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the foregoing delinquency in rent.
2. Determination
A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated and terminated due to the Defendant’s delinquency in payment, and it is confirmed that the rent for the instant building after the date of termination is the same amount as that for the instant lease agreement. Therefore, barring any other special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 240,000 per month from October 27, 2014 to the date of completion of delivery.
B. First of all, the Defendant could not use the instant building part for residential purposes in accordance with the purpose of the instant lease agreement due to defects in the inner wall leakage status, water supply and drainage quantity of water supply and drainage, malodor, etc. of the instant building. Therefore, the Defendant cannot use it as such.