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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. 6 million won and the attached sheet from June 16, 2017.
Reasons
1. Basic facts
A. On February 16, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant building”) owned by the Plaintiff to the Defendant as indicated in the separate sheet (hereinafter “instant building”) to KRW 30 million, the lease period from March 16, 2016 to March 15, 2019, and the monthly rent shall be KRW 3.5 million, and the monthly rent shall be paid in advance on the 16th day of each month.
(hereinafter “instant lease agreement”). B.
The defendant did not pay KRW 1 million out of the rent until July 2016, and did not pay the rent from August 2016.
C. On October 7, 2016, the Plaintiff urged the Defendant to pay the overdue charge of KRW 11.5 million by October 16, 2016, and sent a certification of the content that the instant lease contract is terminated without paying the said money. The content certification reached the Defendant.
C. The Defendant did not pay KRW 11.5 million to the Plaintiff by October 16, 2016.
[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of the whole pleadings]
2. Assertion and determination
A. Comprehensively taking account of the facts found in the Plaintiff’s assertion, the instant lease contract was lawfully terminated on October 16, 2016, and the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment of KRW 36 million equivalent to the rent in arrears incurred until May 15, 2017 and the amount of KRW 1 million (i.e., KRW 1 million from August 2016 to May 2016 x 10 months from May 2016 x 3.5 million from the rent in arrears incurred until July 2016) minus deposit of KRW 6 million and KRW 3.5 million from June 16, 2016 to the delivery date of the instant building.
B. As to the Defendant’s assertion on the non-performance of the agreement No. 1, the Defendant asserted that the Defendant violated the agreement by not granting a new lessee a lease agreement with the real estate that was requested by the Defendant. However, the Defendant asserted that it violated the agreement by requesting the Defendant to provide a lease agreement with the new lessee.