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1. Of the instant lawsuit, the ratio of KRW 130,000 per month from December 20, 2018 to the date of delivery of the building indicated in the separate sheet from December 20, 2018.
Reasons
1. Of the instant lawsuit regarding the defense prior to the merits, the part seeking payment of the money calculated at the rate of KRW 130,00 per month from December 20, 2018, which was the day following the date of closing the argument of the instant case, to the date of delivery of the building listed in the separate sheet (hereinafter “instant building”) may be instituted ex officio, only where a prior claim for performance is required (Article 251 of the Civil Procedure Act). Since the Plaintiff is a person who received from the Defendant the rent of up to November 6, 2018 (up to December 6, 2018) and water rate (up to KRW 130,00) and the water rate (up to KRW 5,00,000 from December 12, 2018), this part of the lawsuit cannot be acknowledged in advance and thus is unlawful.
2. Judgment on the merits
A. Comprehensively taking account of the purport of the entire argument in the statement in evidence No. 1, the Plaintiff entered into a lease agreement with the Defendant on February 6, 2016, setting the lease deposit of KRW 1 million, KRW 130,000 per month, and KRW 24,000 per month, and the lease term of the instant building until February 6, 2018 (hereinafter “instant lease agreement”). The Plaintiff may recognize the fact that the instant building was delivered to the Defendant around that time. The instant lease agreement expired on February 6, 2018.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
B. From March 6, 2018 to June 6, 2018, the Plaintiff seeking a payment of the monthly rent of KRW 3.90,00,000, electric utility rates of KRW 340,630, water rates of KRW 50,140, totaling KRW 780,770, and KRW 130,000,000 from June 7, 2018 to December 19, 2018.
As seen earlier, the Plaintiff was paid the rent of more than 130,00 won per month by the Defendant for the part up to November 2018 (up to December 6, 2018) (up to KRW 130,00 per month) and the water rate (up to December 6, 2018), and the Plaintiff has the right to claim the electricity fee against the Defendant.