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1. The defendant,
A. The payment of KRW 100,000,000 from the Plaintiff is made, and at the same time, the attached list is entered in the Plaintiff.
Reasons
1. On September 29, 2016 between the Plaintiff and the Defendant’s obligation to deliver real estate indicated in the Defendant’s attached list, the Plaintiff and the Defendant entered into a lease agreement between KRW 100 million, KRW 3.7 million, monthly rent, and KRW 3.7 million on October 29, 2018. The Defendant paid KRW 100 million to the Plaintiff by October 30, 2016 and received the delivery of real estate indicated in the attached list from the Plaintiff. Meanwhile, there is no dispute between the Plaintiff and the Defendant as to the fact that the period of lease expired on October 29, 2018 without any separate renewal of the above lease agreement.
Therefore, the above lease contract was terminated on October 30, 2018, and the defendant is obligated to deliver the real estate stated in the attached list to the plaintiff simultaneously with receiving KRW 100 million from the plaintiff.
2. The defendant's obligation to pay the rent in arrears and return unjust enrichment equivalent to the rent in arrears;
A. As seen earlier, the Defendant’s obligation to pay the rent in arrears and to return unjust enrichment on the rent in arrears was terminated on October 30, 2018, but the instant lease contract was not paid to the Plaintiff for five months as follows, and thereafter, the Defendant resides in the real estate listed in the separate sheet by the closing date of argument in the instant case, and the fact that the rent in the said real estate was 10 million won, is not a dispute between the parties, and that the amount equivalent to the monthly rent in possession of the said real estate after the termination of the said lease agreement would be KRW 370,000,000,000 per month, unless the deposit is returned to the Defendant.
On April 30, 2018, the unpaid monthly rent of KRW 3,700,00 on April 30, 2018, KRW 6700,00 on May 31, 2018, KRW 83,700,00 on July 31, 2018, KRW 15,500 on the aggregate of KRW 3,700,000 on August 31, 2018, and KRW 15,50,000 on September 30, 2018, the Defendant seeks from the Plaintiff, except in extenuating circumstances.