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1. The defendant shall receive KRW 15,000,000 from the plaintiff, and at the same time, shall be the building listed in the attached Table to the plaintiff.
Reasons
1. Basic facts
A. On September 20, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 15,000,000, monthly rent of KRW 1,000 (including additional tax), and the lease period of KRW 2 years from September 26, 2014 (hereinafter “instant lease agreement”).
B. The Defendant did not pay the monthly rent from April 26, 2016 to March 26, 2017. On September 26, 2016, the Plaintiff notified the Defendant of his intention to refuse the renewal of the instant lease.
C. Around May 2017, the Defendant paid all the Plaintiff the unpaid rent to the Plaintiff, and thereafter, paid the Plaintiff monthly rent to the Plaintiff, and the Plaintiff was paid the rent from the Defendant to April 25, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination as to the cause of the claim and the defendant's defense
A. As seen earlier, the Defendant did not pay the monthly rent from April 26, 2016 to March 26, 2017 as to the cause of the claim. Therefore, the instant lease agreement was lawfully terminated on May 25, 2017, on which the copy of the complaint was served on the Defendant, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the ground of the delay.
Therefore, barring special circumstances, the Defendant is obligated to return to the Plaintiff the leased object of this case, and to return unjust enrichment equivalent to the rent of KRW 1,00,000 per month from April 26, 2018, the following day after the Defendant paid the Plaintiff the rent to the Plaintiff, to the day of delivery of the leased object of this case.
B. (1) The Defendant’s summary of the defense (1) was not paid the monthly rent from April 26, 2016 to March 26, 2017 to the Plaintiff. The Defendant’s allegation that there was a defect such as a water leakage system, etc. in the leased object of the instant case.