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1. The defendant
(a) deliver the fourth floor of 50.87 square meters among the real estate listed in the attached list;
(b) KRW 7,940,000 and April 2016.
Reasons
1. Basic facts
A. On March 14, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit of KRW 10 million, monthly rent of KRW 600,000,000, monthly rent of KRW 6000,000, and the contract period from March 14, 2014 to KRW 24 months (hereinafter “instant lease”). At that time, the Plaintiff handed over the instant real estate to the Defendant.
B. Upon the Defendant’s failure to pay the monthly rent under the instant lease agreement to the Plaintiff several times, the Plaintiff declared that the instant lease agreement was terminated on the grounds of not less than two years of delinquency, and the said declaration of intent reached the Defendant around August 2015.
C. Until February 29, 2016, the Defendant’s total overdue rent and unlawful gains equivalent to the rent that the Plaintiff had not been paid pursuant to the instant lease agreement are KRW 7,940,000.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4, Gap evidence 7-1 through 4, the purport of the whole pleadings
2. According to the above facts, the Defendant did not pay more than two months a monthly rent under the instant lease agreement, and the Plaintiff expressed his/her intent to terminate the instant lease agreement around August 2015. Therefore, barring any special circumstance, the instant lease agreement was lawfully terminated at that time, barring any special circumstance.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff following the termination of the instant lease agreement, and to pay the Plaintiff a total of KRW 7,940,000 in arrears rent and unjust enrichment equivalent to the rent from February 29, 2016, and a total of KRW 7,940,00 in excess of the rent and unjust enrichment from March 1, 2016 to the date the delivery of the instant real estate is completed.
With the consent of the plaintiff, the defendant installed boiler repair works, and caused a lot of mental, physical, and economic damage to the boilers due to boiler stoves, and the plaintiff verbally.