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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
(b) KRW 15,600,000 and for this, July 2015
Reasons
1. According to the purport of each of the statements and arguments stated in Gap evidence Nos. 2 through 6 (including provisional number) and the whole pleadings, the plaintiff on August 23, 2013: (a) on lease deposit; (b) lease deposit amount of KRW 10,00,000; (c) monthly rent of KRW 1,60,000 (which shall be paid in advance on February 28, 2014; and (d) lease period of KRW 1,60,000 (which shall be paid in advance on the first day of each month; and (e) from September 1, 2013 to August 31, 2015 (hereinafter referred to as "lease of this case"); and (c) the plaintiff delivered the building of this case to the defendant on August 31, 2013; and (e) on the ground that the plaintiff’s declaration of intention to terminate the lease of this case is clear that the lease of this case was not paid in arrears to the defendant on March 1, 2014.
2. Determination as to the cause of action
A. According to the facts found as above, the instant lease contract was terminated on July 13, 2015 and terminated.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
B. As seen earlier, the Plaintiff and the Defendant agreed to pay KRW 1,600,000 monthly rent from March 1, 2014 to the first day of each month, and according to the overall purport of each evidence and pleadings as seen earlier, the Defendant may recognize the fact that the instant building was transferred on August 31, 2013 and is operating the restaurant up to the present day. The amount of unjust enrichment to be returned by the Defendant is ratified to be KRW 1,60,000, the monthly rent of the instant building, which is the monthly rent of the instant building.
Therefore, as the Plaintiff seeks, the Defendant calculated by deducting KRW 10,00,000 from the total rent of KRW 25,60,000 from March 1, 2014 to June 31, 2015, as the Plaintiff seeks, KRW 15,60,000, as well as the following day after the delivery of a copy of the complaint of this case, from July 14, 2015 to September 30, 2015.