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1. The defendant
(a) deliver the buildings listed in the separate sheet;
B. From May 23, 2015, India.
Reasons
1. Basic facts
A. On May 30, 2002, the Defendant leased the building indicated in the separate sheet (hereinafter “instant building”) owned by the Plaintiff from the Plaintiff. On September 27, 2007, the Defendant concluded a contract with the Plaintiff on September 27, 2007, with the deposit amounting to KRW 20 million, KRW 400,000 per month, and the period from October 2, 2007 to 24 months.
B. After that, on March 23, 2015, the Defendant entered into a re-contract with the Plaintiff again (hereinafter “instant lease agreement”), and agreed that the instant lease agreement may be terminated immediately if the Defendant delayed to pay the said period from March 23, 2015 to March 23, 2016, by setting the period from March 23, 2015 to March 23, 2016.
[Ground of recognition] Facts without dispute, Gap 1, 5 evidence, Eul 3 evidence, the purport of the whole pleadings
2. According to the above facts regarding the request for extradition and the request for return of unjust enrichment, etc., the Defendant shall pay 40,000 won monthly rent from April 30, 2015 to April 30 of each month under the instant lease agreement, and if at least 2 months have elapsed, the Plaintiff may immediately terminate the instant lease agreement. According to the evidence evidence No. 1, the Defendant is recognized to have delayed payment for more than 2 months by paying 440,000 won to the Plaintiff from May 8, 2015 and June 2, 2015.
Therefore, on June 5, 2015, a preparatory document stating the intent of the Plaintiff to terminate the instant lease agreement on the ground of the foregoing delinquency in rent was delivered to the Defendant on June 11, 2015, and the instant lease agreement was lawfully terminated.
If so, the defendant delivers the building of this case to the plaintiff and deducts the amount of rent or unjust enrichment equivalent to 440,000 won per month calculated from March 23, 2015 to the completion date of the above delivery, i.e., the amount of rent or unjust enrichment equivalent to 440,000 won per month from May 23, 2015 to the completion date of the delivery.