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1. The defendant shall be the plaintiff.
(a) deliver each real estate listed in the separate sheet;
B. From May 1, 2015, the above paragraph A.
Reasons
According to the facts without dispute, Gap evidence 1-1, Gap evidence 2, Eul evidence 2, Eul evidence 4, 5-1, Eul evidence 1-2, Eul evidence 5-2, and the whole purport of the pleadings, the non-party C leased each real estate (hereinafter referred to as the "building in this case") in attached Form 1-2 to the defendant around December 2012 as "one million won for lease deposit, six million won for monthly rent," and 700,000 won for December 1, 2014, special agreement between December 17, 2012 and December 16, 2017, and the lessor may terminate the lease if the annual rent falls short of two years (However, the name of the lessee in this contract was the defendant D; hereinafter the lease in this case), and the plaintiff succeeded to the status of the lease in this case from the defendant around 2014 to December 25, 2014.
The Defendant sent a content-certified mail to the effect that “” (hereinafter “instant mail”) and the Defendant was served on March 4, 2015, and paid rent, etc. from the date to April 30, 2015, and the Defendant is recognized respectively as having currently occupied and used the instant store.
The lease of this case was terminated by the delivery of the instant mail by the Plaintiff on the ground of the Defendant’s delay of rent.
The defendant is obligated to deliver the building of this case to the plaintiff upon the termination of the above contract.
In addition, notwithstanding the termination of the lease of this case, the Defendant occupied and used the building of this case without any legal cause, thereby gaining unfair profit equivalent to the rent and thereby causing considerable loss to the Plaintiff. As such, the Defendant is obliged to pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of 700,000 won per month from May 1, 2015 to the date of delivery, which did not pay the rent, etc. to the Plaintiff.
The plaintiff's claim is justified.