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1. The defendant
(a) deliver all the second floor of the real estate listed in the separate sheet;
B. From November 14, 2015, the foregoing.
Reasons
1. Basic facts
A. On July 10, 2014, C leased all the second floor (hereinafter “instant store”) among the real estate listed in the separate sheet to the Defendant, KRW 25,000,000, monthly rent of KRW 2,500,000 (excluding value-added tax), monthly management expenses (excluding value-added tax), monthly management expenses of KRW 300,00 (excluding value-added tax), from July 10, 2014 to July 9, 2015 (hereinafter “instant lease agreement”), and delivered the instant store to the Defendant.
B. The instant lease agreement was implicitly renewed, and on August 5, 2015, the Plaintiff completed the procedure for ownership transfer registration based on inheritance due to an agreement division on February 20, 2015, regarding real estate listed in the separate sheet, and succeeded to the lessor’s status under the instant lease agreement.
C. However, the Defendant did not pay monthly rent and monthly management expenses from March 10, 2015 to the instant lease agreement.
On October 5, 2015 and January 28, 2016, the Plaintiff sent to the Defendant a certificate of the fact that the instant lease contract was terminated on the grounds of delinquency in monthly rent, and the said certificate of content reached the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. According to the facts of the judgment on the request for extradition, the lease contract of this case was lawfully terminated by the plaintiff's notice of termination on the ground of overdue rent for at least three years, and the defendant is obligated to deliver the store of this case to the plaintiff, barring special circumstances.
B. According to the facts found in the judgment on the claim for the return of overdue rent and unjust enrichment, the Defendant shall pay the Plaintiff the overdue rent or unjust enrichment equivalent to the amount of the overdue rent calculated at the rate of the KRW 3,080,000 [2,50,000 value-added tax (30,000 won of monthly management fee)] calculated from March 10, 2015 to the date the delivery of the instant store was completed.
2.3.