1. 피고는 원고에게 별지 목록 기재 부동산 중 별지 도면 표시 ⓐ, ⓑ, ⓒ, ⓓ, ⓔ, ⓕ, ⓐ의 각...

1. On December 12, 2012, the Plaintiff leased each of the leased deposit amounting to KRW 10 million, KRW 10 million per month, and the lease period of KRW 24 months to the Defendant (hereinafter referred to as the “instant lease contract”). The Defendant paid the lease deposit to the Plaintiff at that time and used the instant store by delivery.

However, as of December 30, 2013, the Defendant did not pay the rent that was to be paid on the 12th day of each month, and was in arrears with the rent of 7/7 months as of December 30.

On December 30, 2013, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent.

After all, the Defendant, while occupying and using the instant store, remitted money on several occasions to the Plaintiff (finally remitted KRW 4 million on April 2, 2016), but considering this, the sum of the rent or unjust enrichment equivalent to the rent that the Defendant is obligated to pay to the Plaintiff on June 12, 2016, which is nearest on the date of closing the argument of the instant case (i.e., cumulative and for 19 months in arrears). Here, even if the amount of KRW 10 million is deducted from the lease deposit of this case, the amount of KRW 9 million still remains [the grounds for recognition: the fact that there is no dispute, the purport of the entire pleadings, and the purport of the whole pleadings]. Comprehensively taking account of the above circumstances, the instant lease agreement reached the Defendant’s termination notice (i.e., the Plaintiff’s termination notice on two or more occasions).

Therefore, the defendant shall return the store of this case to the plaintiff, and the defendant shall deduct all the money that the defendant remitted to the plaintiff after the termination of the lease contract of this case from the aggregate of the rent or unjust enrichment equivalent to the rent in arrears by the defendant.