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The Defendant, as the Plaintiff
(a) deliver the real estate listed in the separate sheet;
B. From May 19, 2020 to the above paragraph (a).
Reasons
1. Facts of recognition;
A. On June 19, 2019, the Plaintiff entered into a lease agreement with the Defendant as to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is owned by the Plaintiff, with the deposit amount of KRW 7,000,000, monthly rent of KRW 900,000, and the lease term of KRW 900,000, which was from June 19, 2019 to June 20, 2021.
B. The Plaintiff received deposit of KRW 7,000,000 from the Defendant on the same day, and delivered the said real estate to the Defendant on the same day.
(c)
However, the Defendant did not pay a monthly rent to the Plaintiff, and on December 30, 2019, the Plaintiff sent to the Defendant a certificate that the lease contract is terminated on the grounds of overdue rent, and the said certificate reaches the Defendant on January 8, 2020.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 3-1, No. 2, Gap evidence No. 5-1, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the above lease contract was lawfully terminated due to the defendant's delinquency in rent.
Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay the amount of unfair profit equivalent to the rent of KRW 900,000 per month from May 19, 2020 to the completion date of the delivery of the real estate of this case as requested by the plaintiff.
B. As to this, the Defendant alleged to the effect that the Plaintiff was not in arrears since he remitted KRW 4,00,000 to the Plaintiff on November 19, 2018 and KRW 4,000,00 on June 18, 2019. However, the Defendant’s assertion that each remittance date of the said money was earlier than June 19, 2019 when the instant lease agreement was concluded, it is difficult to view that the said money was paid as monthly rent of the instant lease agreement, and otherwise, there is no evidence to prove that the Defendant did not delay in payment of the monthly rent.
Therefore, the defendant's above assertion is not accepted.
3. According to the conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.