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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) As from April 1, 2016, 7,674,180 won and as above.
Reasons
1. Facts of recognition;
A. On May 30, 2013, pursuant to a lease agreement with the Defendant with the Defendant, the Plaintiff leased real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”) to the Defendant, with a deposit of KRW 20 million, KRW 800,000 per month (payment after the end of each month), and the period from July 31, 2013 to July 30, 2015.
The plaintiff and the defendant have increased the rent to KRW 1.1 million per month around the expiration of the lease term, and the contract has been renewed by extending the rent to July 30, 2017.
On the other hand, the management fee imposed on the apartment of this case was paid directly by the defendant to the management office.
B. The Defendant, from around July 31, 2013, occupied, occupied, and used the instant apartment from around December 31, 2015 to February 29, 2016, did not pay the rent (one month, January 2016) to the Plaintiff. The Defendant, up to that time, did not pay the management fee of KRW 5,474,180 (up to 17 months) to the apartment management office.
C. The Plaintiff was urged by the head of the apartment management office to pay management fees, and the Defendant was in arrears for more than two months, and on March 17, 2016, notified the Defendant of his/her intention to terminate the lease contract on the grounds of the foregoing delinquency in rent, etc.
On March 26, 2016, the Defendant paid 1.1 million won (one month rent) to the Plaintiff on March 26, 2016, which was subsequent notice of termination, but did not pay any subsequent rent.
[Ground of recognition] Facts without dispute, Gap 1-6 evidence (including provisional number), the purport of the whole pleadings
2. According to the above facts of determination, since the lease contract between the plaintiff and the defendant was lawfully terminated by the plaintiff's termination notification, the defendant delivered and returned the apartment house of this case to the plaintiff, and the amount calculated by applying the ratio of KRW 2.2 million to the overdue rent of KRW 5,474,180 to March 31, 2016 (= KRW 3.3 million-1.1 million), and the unpaid management fee of KRW 7,674,180 to KRW 7,674,180, and the unpaid management fee of KRW 1.1 million from April 1, 2016 to the delivery (return) of the apartment of this case as unjust enrichment.