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The defendant shall deliver to the plaintiff each real estate listed in the attached list, and each of the above items shall be from April 11, 2020.
Reasons
1. Basic facts
A. On June 29, 2012, the Plaintiff entered into a lease agreement with the Defendant for each real estate listed in the separate sheet (hereinafter “instant real estate”) with the term of KRW 1 million, KRW 400,000 per month, KRW 400,000 per month, and June 29, 2014 (hereinafter “instant lease agreement”).
On the other hand, Article 4 of the lease contract of this case provides that "If a lessee fails to pay a rent for two months, the lessor may terminate the lease contract."
B. The instant lease agreement has been implicitly renewed, and the Defendant, upon delivery of the instant real estate, filed a move-in report on August 10, 2012, and thereafter possessed the instant real estate until now. It did not pay the difference from January 10, 2018.
C. On February 2, 2020, the Plaintiff sold the instant real estate to D Co., Ltd. (hereinafter “D”) and D completed the registration of ownership transfer on May 28, 2020, and D completed the registration of ownership transfer on May 25, 2020 to the succeeding intervenor on May 25, 2020.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 4, 7, 8, 12, and 13, the purport of the whole pleadings
2. According to the facts found in the judgment on the Plaintiff’s claim, the Defendant did not pay two or more rents, and the fact that the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the foregoing delinquency is apparent in the record that it was delivered to the Defendant on May 27, 2020. Thus, the instant lease agreement was lawfully terminated on May 27, 2020.
Therefore, the Defendant delivered the instant real estate to the Plaintiff, and calculated the ratio of KRW 1,20,000,000,000,000,000,00 not paid for 26 months from January 10, 2018 to April 9, 2020 (=400,000 won x 28 months), as sought by the Plaintiff, to the amount of KRW 8.6 million and the amount of unjust enrichment equivalent to the rent or rent from April 10, 202 to the completion date of delivery of the instant real estate.