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The Defendant, as the Plaintiff
(a) deliver the real estate listed in the separate sheet;
B. From November 17, 2019, 2,900 won and above.
Reasons
1. Facts of recognition;
A. On November 8, 2008, the Plaintiff leased the real estate listed in the attached list (hereinafter “instant building”) to the Defendant as “The lease deposit amount of KRW 5 million, monthly rent of KRW 350,000,000, monthly rent of KRW 350,000, and from November 17, 2008 to November 16, 2010.”
After that, the monthly rent of the above lease contract was raised respectively on November 17, 2010 and November 17, 2015.
B. On November 16, 2019, the Defendant, even after deducting KRW 5 million from the lease deposit by November 16, 2019, did not pay a total of KRW 2.9 million (i.e., KRW 1.8 million in arrears for a period of four months from July 16, 2019, KRW 1.8 million in arrears - KRW 900,000 in the rent for payment on September 6, 2019 - KRW 100,00 in the rent for which the Plaintiff is entitled to deduction).
C. Accordingly, the Plaintiff filed the instant lawsuit against the Defendant seeking the delivery of the instant building and the payment of the overdue rent, etc., on the grounds that the lease contract was revoked due to the delinquency in rent, and the duplicate of the complaint reached the Defendant on December 30, 2019.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and 6 (including branch numbers), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the lease agreement between the Plaintiff and the Defendant on the instant building was lawfully rescinded on December 30, 2019, which included the Plaintiff’s declaration of intent to cancel the lease agreement due to the Defendant’s delinquency in rent, and the duplicate of the complaint of this case was delivered to the Defendant.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount calculated by applying the rate of KRW 450,000 per month as the overdue rent of KRW 2.9 million from November 17, 2019 to November 16, 2019, and the amount of unjust enrichment equivalent to the rent and the rent from November 17, 2019 to the completion date of delivery of the instant building.
3. As to the Defendant’s assertion, the Defendant spent a total of KRW 4 million (=800,000 x 5) from 2012 to 2019 after leasing the instant building from the Plaintiff.