Text
1. The defendant is against the plaintiff (appointed party) and the appointed party C
(a) deliver the real estate listed in the separate sheet;
B. April 2015
Reasons
1. The fact that, on January 12, 2013, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Selection Party C did not pay KRW 2.6 million among the rent 2,43 million from August 15, 2014 to April 15, 2015, the Plaintiff and the Selection Party C did not provide the Defendant with a separate notice of termination of the lease agreement within 7 days from February 15, 2013 to February 15, 2016 (hereinafter “instant lease agreement”). The Defendant did not provide the Defendant with a separate notice of termination of the lease agreement within 15 days from August 15, 2014 to April 15, 2015, and the Defendant did not provide the Defendant with a separate notice of termination of the lease agreement within 2,60 million from April 30, 2015.
According to the above facts, the instant lease agreement was terminated on May 13, 2015 after seven days from May 6, 2015 when the Defendant received the notice of termination.
I would like to say.
Therefore, barring special circumstances, the Defendant is obligated to deliver the real estate listed in the separate sheet to the Plaintiff and the Selection C, and to pay the amount of unjust enrichment equivalent to the rent of KRW 2.7 million per month from April 16, 2015 to the completion date of delivery of the said real estate, as sought by the Plaintiff.
2. Judgment on the defendant's assertion
A. First, the defendant acknowledged the overdue rent but asserts that even if the overdue rent is deducted from the lease deposit, the deposit of KRW 20 million remains, so the plaintiff's claim of this case is unreasonable.
However, at the time when the lessee enters into the lease contract, the lessee is guaranteed all the obligations of the lessee arising from the lease relationship such as overdue rent, etc. with the lease deposit paid to the lessor.