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1. The defendant shall be the plaintiff.
A. Paragraph 1 of the attached Table simultaneously with receiving KRW 25,00,000 from the Plaintiff.
Reasons
1. Basic facts
A. On April 13, 2017, the Plaintiff entered into a contract with the Defendant to lease each real estate listed in the separate sheet (hereinafter referred to as “instant leased object”) with the following terms (hereinafter “instant lease agreement”).
- Lease contract for real estate (C) listed in attached Table 1 - Lease deposit for lease: 25,00,000 won: from May 2, 2017 to May 1, 2019 - Lease contract for real estate (D separate from value-added tax) listed in attached Table 2 - Lease deposit for lease: 25,000,000 won: from May 2, 2017 to May 1, 2019; - Rent for lease: 1,70,000 won for each common special agreement for lease: 1,00,000 won for each one year thereafter.
B. On December 31, 2019, the Defendant remitted KRW 3,850,00 to the Plaintiff, and paid the amount equivalent to the rent up to December 2019 for the leased object of this case.
【Ground of recognition】 The fact that there is no dispute, Gap evidence 1-2, Eul evidence 4, the purport of the whole pleadings and arguments
2. The assertion;
A. For the following reasons, the Defendant is obligated to deliver the leased object of this case to the Plaintiff, and to pay unjust enrichment equivalent to the rent from January 2, 2020 to the completion date of delivery of the leased object of this case.
1) On May 1, 2019, the term of the instant lease agreement was expired and terminated upon the lapse of May 1, 2019. In addition, as the Defendant has failed to pay more than three rents in relation to the instant lease agreement, the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”).
(2) The conjunctive Defendant did not perform the common terms and conditions of the instant lease agreement, and did not delay that the instant lease agreement was two times.
For this reason, the Plaintiff terminated the instant lease agreement.
In addition, Article 10 (8) of the Commercial Building Lease Act is amended.