Text
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the annex 1 list;
(b) 151,470,000 won and this in respect thereof;
Reasons
1. Basic facts
A. On January 29, 2016, the Plaintiff leased (hereinafter “the instant building”) real estate listed in the attached Table 1 list to the Defendant (hereinafter “the instant building”) under the following conditions (hereinafter “the instant lease agreement”).
- Lease deposit KRW 200 million - Monthly rent of KRW 15 million (excluding value-added tax) - From February 1, 2016 to 5 years - If the annual rent of a lessee reaches the rent of two terms, the lessor may terminate this contract immediately.
(c).
From April 2017, the defendant continued to delay the rent, and the delayed amount of the rent exceeded two or more rents.
C. On September 5, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that “the Defendant did not pay two or more rents,” pursuant to the termination clause of the instant lease agreement, and the said notification reached the Defendant around that time.
The defendant has occupied the building of this case until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including branch numbers in case of additional number), and purport of the whole pleadings
2. According to each of the above findings of the determination as to the cause of the claim:
A. Since the instant lease agreement was terminated on September 5, 2017 due to the Plaintiff’s notice of termination, the Defendant is obligated to deliver the instant building to the Plaintiff.
B. The Defendant is obligated to pay the Plaintiff the rent from April 2017 in accordance with the instant lease agreement. Since the instant building continues to possess it for the same purpose even after the termination of the instant lease agreement, the Plaintiff suffers losses corresponding thereto, the Defendant is obligated to return unjust enrichment from the leased party after the termination of the instant lease agreement.
Furthermore, from the termination of the instant lease agreement, the amount of rent or unjust enrichment to be paid by the Defendant to the completion date of delivery of the instant building.