20 Gaz. 120760

A

Law Firm Namsan, Counsel for the plaintiff-appellant

Attorney Kim Jong-soo

B A.

Attorney Kim Chang-hee

November 12, 2020

December 24, 2020

1. The defendant

(a)deliver the part of the ship which connects each point in sequence, among the real estate listed in the annexed sheet, as shown in the annexed sheet;

B. From November 23, 2020 to November 23, 2020, money calculated by the rate of KRW 3,850,000 per month shall be paid.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Facts of recognition;

There is no dispute between the parties, or the following facts may be acknowledged in full view of the purport of the entire pleadings in each statement of evidence Nos. 1 through 5:

A. On April 20, 2018, the Plaintiff and the Defendant entered into a lease agreement (hereinafter referred to as “the instant lease agreement”) with the terms that a lease agreement was concluded between the Defendant and the Defendant, setting forth that the portion on board connected with each of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) as KRW 50,000,000,000, monthly rent of KRW 3,850,000, monthly rent of KRW 3,850,000, and the lease period from April 30, 2018 to April 29, 2020.

B. As the Defendant continued to delay the rent from October 2019 to March 2020, the Plaintiff notified the Defendant that the instant lease contract was terminated on April 14, 2020. The Defendant is operating a restaurant with the trade name of “C” in the instant real estate, and continues to operate the restaurant even after the notice of termination.

2. Determination

The lease contract of this case was lawfully terminated on April 14, 2020 upon the Plaintiff’s notice of termination. Since the Defendant obtained unjust enrichment equivalent to the rent from October 2019 to October 2020, it was the sum of 50,050,000 won (3,850,000 won per month x 13 months) as the Plaintiff’s notice of termination. If the Plaintiff deducts the sum of 50,050,000 won from the deposit deposit of this case’s sum of 50,000,000 won, the remaining amount of unjust enrichment would be 50,000,000 won. Following the termination of the lease contract of this case, the Defendant delivers the real estate of this case to the Plaintiff as a result of the termination of the lease contract of this case, and the Defendant is obligated to pay the remainder of 50,000,000 won and the amount of unjust enrichment from December 30, 2008.

3. Conclusion

The plaintiff's claim shall be accepted on the grounds of its reasoning.

Judges Min Il-young

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.