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1. The Defendant’s month from May 1, 2019 to the completion date of delivery of KRW 2,376 square meters from the Plaintiff’s KRW 29,60,000.
Reasons
1. Basic facts
A. On June 1, 2018, the Plaintiff entered into a lease agreement between the Defendant and the Defendant, who is engaged in the transportation business with the trade name “D” with respect to KRW 30 million, monthly rent of KRW 200,000,000,000, monthly rent of KRW 2 million, and the lease agreement between June 1, 2018 and May 31, 2023 (hereinafter “instant lease agreement”). The Defendant used the instant goods as the goods storage site around that time.
B. From January 2019 (the date of February 1, 2019), the Defendant delayed the payment of the rent. Accordingly, the Plaintiff urged the payment of the rent, and sent a certificate to the effect that the instant lease contract is terminated on April 10, 2019 on the ground that the payment of rent was overdue, etc. on April 10, 2019, and the said certificate reached the Defendant around that time.
C. Upon receipt of the notice of termination, the Defendant paid the Plaintiff the rent of KRW 2.2 million on April 12, 2019 (the rent for January 2019), KRW 2 million on May 1, 2019 (the rent for February 2019, unpaid penalty), KRW 2.2 million on June 10, 2019 (the rent for March 2019), and KRW 2 million on July 12, 2019 (the rent for April 200 and unpaid penalty) (the unpaid tax for April 2019), and thereafter, the rent has not been paid.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including each number in the case with a satisfy number), the purport of whole pleadings
2. The assertion and judgment
A. According to the above facts, the instant lease agreement was terminated on April 10, 2019 on the ground of delinquency in the rent for the three-year period. Thus, the Defendant is obligated to receive the remainder of the deposit obtained from the Plaintiff the unjust enrichment of the rent party calculated by deducting from the deposit the amount of 29,600,000 won, the additional tax amount of KRW 400,000 (including the additional tax on February and April 2019) calculated from May 1, 2019 to the completion date of delivery of the instant land from May 1, 2019 to the delivery date of the instant land, and simultaneously deliver the instant land to the Plaintiff.
B. As to this, the Defendant is either a "logistics site" which is the leased purpose of the land of this case.