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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b)payment of 4.5 million won;
(c) dated 2018.
Reasons
1. Facts of recognition;
A. On July 20, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with the terms that the Plaintiff leases real estate listed in the attached list owned by the Plaintiff (hereinafter “instant store”) to the Defendant as KRW 25 million, monthly rent of KRW 1.5 million (prepaid on July 28, 2016, the lease period of KRW 1.5 million, and the lease period of KRW 1.5 million from July 28, 2016 to July 27, 2018 (hereinafter “instant lease agreement”).
The Plaintiff, around that time, delivered the instant store to the Defendant pursuant to the instant lease agreement.
B. The Defendant did not pay three or more months’ monthly taxes due to the arrears of August, 2017, December, 2017, and January, 2018.
C. The Plaintiff submitted the instant complaint stating that the instant lease contract was terminated on the grounds that the Defendant had failed to pay monthly rent for at least three years, and the instant warden reached the Defendant on March 20, 2018.
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. According to the above facts of recognition, the instant lease agreement was lawfully terminated around March 20, 2018.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and even after the termination, by occupying and using the instant store, thereby gaining benefit from the monthly rent without any legal cause and causing damages equivalent to the Plaintiff. Therefore, the Plaintiff is obligated to pay the Plaintiff the amount calculated by applying the rate of 1.5 million won per month from February 28, 2018, which was sought by the Plaintiff as unjust enrichment equivalent to the monthly rent and monthly rent, from February 28, 2018 to the date of the completion of delivery of the instant store.
3. The plaintiff's claim for conclusion is justified and acceptable.