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1. The defendant
(a) deliver real estate indicated in the annexed real estate;
B. 2,310,00 won and September 20, 2020
Reasons
On December 2, 2019, the Plaintiff leased real estate indicated in the attachment (hereinafter “instant real estate”) to the Defendant on December 2, 2019, with a lease deposit of KRW 5,000,000, KRW 330,000 per month (prepaid payment on December 20), and the lease term of KRW 20,00 per month from December 21, 2019 to December 20, 2021. In a case where the Defendant’s delayed payment falls short of the rent of two (2) periods, the Plaintiff may terminate the said lease without delay.
The fact that the Defendant: (a) received and possessed the instant real estate on December 21, 2019; (b) the Defendant paid only the rent to the Plaintiff until January 2020; (c) did not pay the Plaintiff the rent thereafter; (d) on July 10, 2020, the Plaintiff sent to the Defendant a text message containing the content that the said lease was terminated on the ground that the said lease was terminated on the grounds that the said text message was over two or more occasions of arrears; and (e) the fact that the said text message was delivered to the Defendant around that time does not conflict between the Plaintiff and the Defendant.
According to the above facts, the above lease agreement was lawfully terminated upon the arrival of the defendant around July 10, 2020, when the text message stating the plaintiff's expression of termination on the ground of overdue delay of rent by the defendant reaches the defendant.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and return the amount of 2,310,000 won in arrears from February 2020 to August 2020 (=30,000 won x seven months) and the amount of unjust profit calculated by the ratio of 330,000 won per month, which is the amount equivalent to the instant real estate from September 20, 2020 to the completion date of delivery of the instant real estate.
Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.