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The Defendant, as the Plaintiff
(a) deliver the real estate listed in the separate sheet;
(b)payment of KRW 3,362,850;
C. January 1, 2020
Reasons
1. Determination as to the cause of claim
(a) The following facts may be found either in dispute between the parties or in full view of the purport of Gap evidence 1 and 2 and all pleadings:
1) On October 12, 2016, the Plaintiff’s real estate indicated in the separate sheet owned by the Plaintiff between the Defendant and the Defendant (hereinafter “instant real estate”).
(2) The term of lease of the Defendant’s lease to the Defendant (hereinafter “instant lease agreement”) is fixed and leased as KRW 10 million, KRW 10 million, and KRW 750,000 per month from October 27, 2016 to October 26, 2018 (hereinafter “instant lease agreement”).
(2) The Defendant acquired the instant real estate from the Plaintiff in accordance with the instant lease agreement, and occupied and used the instant real estate until the date of closing the argument.
3) The instant lease agreement was implicitly renewed, and the Defendant did not pay the Plaintiff the rent stipulated in the instant lease agreement from September 2019. 4) The Plaintiff sent a copy of the instant complaint to the Defendant on the ground that the Defendant did not delay in rent.
B. According to the above facts of determination, the lease contract of this case was lawfully terminated on January 22, 2020, which is the delivery date of a copy of the complaint of this case, by the plaintiff's notice of termination to the defendant, and thus, the defendant is obligated to deliver the real estate of this case to the plaintiff.
In addition, the Defendant is obligated to pay the Plaintiff the unpaid rent, and return unjust enrichment obtained by occupying and using the instant real estate without legal title from January 22, 2020, which was the date of termination of the instant lease agreement, to the date of completion of delivery of the instant real estate.
The amount of profit due to the possession and use of ordinary real estate can be the monthly rent of such real estate. However, the rent after the termination of the lease contract on the real estate in this case is the monthly rent (750,000 won per month).