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The Defendant, as the Plaintiff
(a) Of the real estate listed in the separate sheet, each point indicated in the separate sheet No. 1, 2, 3, 4, and 1;
Reasons
1. The Plaintiff, on October 17, 2018, leased a deposit of KRW 3 million, monthly rent of KRW 3,60,000, and the lease period of KRW 3,000,00 to October 22, 2020 (hereinafter referred to as “instant lease agreement”), which was determined by the Plaintiff to the Defendant, on the following occasions: (a) the real estate listed in the separate sheet No. 1, 2, 3,4, and 1, indicated in the separate sheet No. 1, 2018, among the real estate listed in the separate sheet No. 1, 2, 3, 4, and 27 square meters (hereinafter referred to as “instant real estate”); and (b) the Defendant’s failure to pay monthly rent thereafter, may be recognized by taking into account all the arguments between the parties or the entire purport of the pleadings in the evidence No. 2, and it is apparent in the record that the Plaintiff terminated the instant lease agreement on the ground of the overdue payment.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff upon termination of the instant lease agreement, and pay the sum of the monthly rent for the month unpaid from October 22, 2018 to June 16, 2020 when the instant lease agreement was terminated to June 16, 2020 (=360,000 won x 12 month x 239/365), and to pay KRW 239/365).
On the other hand, the plaintiff also sought the return of unjust enrichment equivalent to the monthly rent accrued after June 17, 2020. However, at that time, the defendant did not dispute between the parties, and the evidence submitted by the plaintiff alone is insufficient to recognize the fact that the defendant actually uses or benefits from the real estate of this case, and there is no other evidence to prove otherwise, the claim for this part shall not be accepted.
2. Conclusion, the claim of this case is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.