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1. The defendant
(a) deliver the buildings listed in the separate sheet;
(b)payment of KRW 1,800,000;
C. September 2, 2018
Reasons
1. Facts of recognition;
A. On March 12, 2018, the Plaintiff leased a building listed in the attached list (hereinafter “instant apartment”) to the Defendant, with a deposit of KRW 10,00,000, monthly rent of KRW 450,000, and the period from April 11, 2018 to April 10, 2020.
However, the Defendant promised to pay KRW 470,000 as the rent for April 25, 2018 instead of extending the payment date of KRW 2,000,000 among the deposit on April 25, 2018.
B. From May 2, 2018, the Defendant did not pay monthly rent. On July 11, 2018, the Plaintiff terminated the lease contract on the ground of the pregnancy. The Defendant is residing in the apartment of this case until now.
【Reasons for Recognition】 Each entry of Evidence A 1 and 2, and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the lease contract on the apartment of this case between the plaintiff and the defendant was lawfully terminated by the plaintiff's display of the time of termination on the part of the defendant's delay. Thus, the defendant is obligated to deliver the apartment of this case to the plaintiff and pay the plaintiff the overdue rent in arrears and the amount of unjust enrichment equivalent to the rent after the termination of the contract.
B. The defendant's assertion is alleged to the purport that the plaintiff did not pay monthly rent because it did not resolve the leakage problem that occurred in the apartment bed, etc. of this case, but there is no evidence to acknowledge the above assertion, and the defendant's assertion is without merit.
C. From May 2, 2018 to September 1, 2018, the defendant delivered the apartment of this case to the plaintiff, and paid the rent of KRW 1,800,000 (=450,000 x 4 months) (the plaintiff sought payment of KRW 1,880,000 as rent and unjust enrichment for the above four-month period (470,000), but the defendant promised to pay KRW 470,000 for rent and unjust enrichment for the above four-month period, as seen earlier. Accordingly, the defendant promised to pay KRW 470,000 for rent and unjust enrichment after May 2, 2018.