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The Defendant
(a) Attached drawings (1), (2), (3), (4), (5), and (1) of the real estate listed in the Attached List;
Reasons
1. There is no dispute between the parties to the facts of recognition, or the following facts may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 5.
On April 20, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting forth the lease agreement between the Defendant and the terms of the deposit deposit amount of KRW 50,00,000, monthly rent of KRW 3,850,000 (the later payment on April 23), and April 30, 2018 to April 29, 2020 among the real estate listed in the attached list (hereinafter “instant lease agreement”).
B. As the Defendant continued to delay from October 2019 to March 2020 from March 14, 2020, the Plaintiff notified the Defendant on April 14, 2020 that the instant lease contract was terminated on the ground of a delay in rent.
C. The Defendant operates the restaurant in the name of “C” in the instant real estate, and continues to operate the restaurant even after the notice of termination is given.
2. The instant lease agreement was lawfully terminated on April 14, 2020 by the Plaintiff’s notice of termination.
Since the Defendant, even after the termination of the instant lease, obtained unjust enrichment equivalent to the rent by continuously occupying and using the instant real estate even after the end of the lease, the amount of unjust enrichment equivalent to the rent or rent from October 2019 to October 2020 is 50,050,000 won in total (3,850,000 won per month x 13 months).
If the sum of the above overdue rent, etc. is deducted from KRW 50,050,000 upon the Plaintiff’s declaration of intention at KRW 50,000,000, the remaining amount of unjust enrichment shall be KRW 50,000.
Upon the termination of the lease contract of this case, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the remaining unjust enrichment of 50,000 won to the plaintiff and to pay unjust enrichment calculated at the rate of 3850,000 won per month equivalent to the rent from November 23, 2020 to the completion date of delivery of the real estate of this case.
3. Conclusion