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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. On June 8, 2018, the Plaintiff: (a) specified the instant building as lease deposit of KRW 20,000,000, and monthly rent of KRW 1,600,000 (value-added tax separate); (b) agreed that the lessor may terminate the contract if the annual rent falls short of the amount of three-year rent due to a special agreement.
Then, the plaintiff is between F and the defendant on July 25, 2018, and the above A.
The lessee of the port lease agreement agreed to change the lease term to the defendant and the lessee from August 1, 2018 to July 31, 2020.
(hereinafter “instant lease agreement”). B.
The Plaintiff received the lease deposit of KRW 20,000,000 and delivered the instant building to the Defendant on June 27, 2018.
The Defendant, while running the business with the trade name “G” in the foregoing building, paid only the monthly rent for three months from August 8, 2018 to October 1, 2018 to October 2018, 2000, and KRW 320,000 on November 1, 2018, and KRW 1,760,000 on February 14, 2019, and paid only the monthly rent for three months from August 2018 to October 2018.
【Ground of recognition】 Any description of the absence of dispute, Gap 1, 2, 5, and 6
2. Determination
A. The fact that the copy of the complaint of this case, which contains the Plaintiff’s declaration of intent to terminate the lease contract of this case, was served on June 24, 2019 on the grounds of delinquency in rent at least three (3) of the Defendant’s determination on the grounds of the cause of the claim for the delivery of a building and the claim for restitution of unjust enrichment. Accordingly, the lease contract of this case was terminated. Accordingly, the Defendant is obligated to restore the building of this case to the Plaintiff and deliver it to the Plaintiff, and to pay rent and unjust enrichment calculated at the rate of KRW 1,760,00 per month from November 1, 2018 to the completion date of delivery of the building. 2) The Defendant was not obligated to pay the Plaintiff the amount calculated by subtracting value-added tax on rent of this case, as the Defendant did not receive a tax invoice from the Plaintiff, and the building of this case was delivered to the Plaintiff on July 24, 2019.