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1. The defendant shall be the plaintiff.
(a) Of the buildings listed in the separate sheet, each point of the indication 1, 2, 3, 10, and 1 of the annexed sheet on the second floor.
Reasons
1. Facts of recognition;
가. 원고는 2017. 10. 13. 피고에게 원고 소유의 별지 목록 기재 건물 중 2층 별지 도면 표시 1, 2, 3, 10, 1의 각 점을 차례로 연결한 선내 ㈎ 부분 45.28㎡(이하 ‘이 사건 건물’이라 한다)를 임대차 보증금 5,000,000원, 월 차임 450,000원, 임대기간 2017. 10. 30.~2019. 10. 30.으로 정하여 임대하였다
(hereinafter “instant lease agreement”). B.
The Defendant occupies and uses the instant building from October 30, 2017 under the instant lease agreement.
C. On August 31, 2018, the Defendant delayed the rent of KRW 1,350,000 (=450,000 x 3 months) for three-month rent as of August 31, 2018.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, until August 31, 2018, the Defendant delayed the payment of the rent for the three-year period to the Plaintiff. Accordingly, the Plaintiff submitted the instant complaint to this court on September 4, 2018, which included the Plaintiff’s intent to terminate the instant lease agreement. The fact that the said complaint reached the Defendant on September 11, 2018 is clearly recorded, and thus, the instant lease agreement was lawfully terminated.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
B. In addition, the Defendant is obligated to pay the Plaintiff the unpaid rent of KRW 1,350,000 to the Plaintiff by August 31, 2018, as requested by the Plaintiff.
C. In addition, the Defendant is obligated to pay to the Plaintiff rent or unjust enrichment calculated at the rate of KRW 450,00 per month from September 1, 2018 to the completion date of delivery of the instant building. As long as the Defendant contests the Plaintiff’s claim and does not deliver the instant building, it may also be recognized that the Defendant’s claim in advance is necessary.
3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.