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1. The defendant
(a) deliver the buildings listed in the separate sheet;
B. From August 10, 2014, the delivery of the above building.
Reasons
1. The following facts can be acknowledged in full view of the purport of the entire pleadings, either of the parties to a dispute or of Gap evidence Nos. 1 to 3 (including paper numbers).
Attached Form
On September 2012, the Seocho General Construction Co., Ltd., the owner of the building indicated in the list (hereinafter “instant building”) leased the instant building to the Defendant with the name of “Csing shop” from September 10, 2012 to “Csing shop” in the instant building. Around September 10, 2012, the Defendant operated an entertainment drinking house with the term “Csing shop” from around September 10, 2012.
B. On February 28, 2013, the Seocho General Construction Co., Ltd. succeeded to the status of the lessor by selling the instant building to the Plaintiff and completing the registration of ownership transfer on the said building in the future of the Plaintiff on May 21, 2013.
C. Meanwhile, the Defendant paid 4 million won to the Plaintiff on or after May 10, 2014, on or around March 2015, when the Defendant did not pay rent to the Plaintiff.
2. According to the above facts of determination, the Plaintiff may terminate the lease contract against the Defendant on the grounds of delinquency in payment of rent for more than two months. Since the above lease contract was lawfully terminated due to the delivery of a copy of the complaint of this case containing the Plaintiff’s intent to terminate the lease contract to the Defendant, the Defendant delivers the instant building to the Plaintiff. On August 10, 2014, the Plaintiff’s claim (see, e.g., Supreme Court Decision 4 million won paid on or around March 10, 2015), deeming that the amount was appropriated for the three-month overdue charge after May 10, 2014, and thus, the initial date of calculating the overdue charge to pay the overdue charge or unjust enrichment equivalent to the overdue charge calculated at the rate of 1870,000 won per month from the completion date of delivery of the said building.
3. Conclusion, the plaintiff's claim is justified and acceptable.