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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From 4,080,190 won and December 5, 2019
Reasons
1. Facts of recognition;
A. On June 15, 2018, the Plaintiff leased the building indicated in the attached list (hereinafter “instant real estate”) to the Defendant, with the lease deposit of KRW 10 million, monthly rent of KRW 700,000,000, and the lease term from July 5, 2018 to July 4, 2019.
(hereinafter “instant lease agreement”). B.
On July 5, 2018, the Plaintiff handed over the instant real estate to the Defendant, and received KRW 10 million from the Defendant around that time.
C. By July 4, 2019, the Defendant paid only KRW 900,000,000 to the Plaintiff, and on July 5, 2019, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the ground of the delinquency in rent, and the Defendant received it on or before July 8, 2019.
As of the date of the closing of argument in the instant case, the Defendant occupied the instant real estate as of the date of the closing of argument, and was urged by the Plaintiff to pay KRW 3,080,190, total sum of the management expenses of the said real estate until September 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 6, purport of whole pleadings
2. Determination
A. According to the above facts, the instant lease contract was terminated on July 4, 2019 due to the expiration of the lease term.
Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff.
B. In addition, according to the above facts of recognition, as of December 4, 2019 sought by the Plaintiff, the amount of unjust enrichment equivalent to the monthly rent or monthly rent that the Defendant failed to pay to the Plaintiff as of December 4, 2019 (=700,000 won x 17 months - 90,000 won). If the Plaintiff deducts the lease deposit amount of KRW 10,000 from the above amount, one million will remain.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 4,080,190, plus the above KRW 1 million and unpaid management expenses. From December 5, 2019, the Defendant paid unjust enrichment equivalent to the rent calculated by the ratio of KRW 700,000 per month from December 5, 2019 to the time the Defendant delivers the instant real estate to the Plaintiff.