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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) KRW 33,500,000 and its related thereto.
Reasons
1. Facts of recognition;
A. On January 10, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 5,600,000, monthly rent of KRW 1,200,000, and the lease term of the instant apartment from January 23, 2014 to January 22, 2015 (hereinafter “instant agreement”).
B. At the time of the instant contract, the Defendant paid KRW 2,00,000 among the lease deposit to the Plaintiff, and paid KRW 3,600,000 and annual rent of KRW 14,400 in advance to the Plaintiff.
The defendant occupied the apartment of this case from January 23, 2014, and the lease contract of this case was renewed every year after the expiration of the contract period.
C. Around June 9, 2016, the Plaintiff was paid KRW 8,000,000 from the Defendant, and then was notified that the lease contract was terminated on the grounds of the Defendant’s unpaid rent around April 25, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, since the lease contract of this case was lawfully terminated due to the defendant's delay in rent and the plaintiff's notice of termination of contract, the defendant is obligated to deliver the apartment of this case to the plaintiff and pay unjust enrichment equivalent to the unpaid rent and rent.
B. As to the amount of the unpaid rent and unjust enrichment equivalent to the rent that the Defendant is obligated to pay to the Plaintiff, the Plaintiff asserted that the instant lease agreement was renewed on or before January 22, 2015 and increased to KRW 1,300,000 per month. However, there is insufficient evidence to acknowledge the Plaintiff’s assertion by itself, and there is no other evidence to acknowledge it.
Therefore, the rent after renewal is also KRW 1,200,00 per month, as in the first lease contract.