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The Defendant, as the Plaintiff
(a) connect each point of Annex A, B, C, D, and A, among the real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On September 16, 2019, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 3,00,000, monthly rent of KRW 300,000 (repaid on the fifth of following month), management expenses, and lease period of KRW 1 year (hereinafter “instant lease contract”), and delivered the instant real estate to the Defendant.
B. The Defendant did not pay monthly rent and management expenses after January 2020, and on April 6, 2020, the Plaintiff notified the Defendant of the termination of the lease agreement on the grounds that the monthly rent was unpaid.
C. By April 6, 2020, the Plaintiff notified the termination of the instant lease agreement, the Defendant’s unpaid monthly rent, management fee, and late payment charge amounting to KRW 1,292,589. The Defendant occupies the instant real estate up to the date.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts finding, the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in rent.
Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff as a result of the performance of the duty to restore it, pay the sum of unpaid monthly rent, management fee, late payment charge, and late payment charge 1,292,589 won to the defendant from January 2020 to April 2020, and pay the rent calculated at the rate of KRW 300,000 per month from April 7, 2020 to the completion date of delivery of the above real estate, or to pay the amount of unjust enrichment equivalent to the same amount.
In regard to this, the defendant alleged that he did not pay monthly rent and management expenses before repairing the above defects due to defects such as water leakage in the real estate of this case. However, the evidence submitted by the defendant alone is insufficient to recognize the fact of the defendant's assertion, and there is no other evidence to acknowledge
Therefore, the defendant's argument is without merit.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.