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1. From 50,00,000 won to 50,000 won, the Defendant shall from August 15, 2019 to the completion date of delivery of the real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On October 30, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant with a deposit of KRW 50 million per month, KRW 1.7 million per month, and the lease period from November 26, 2017 to November 25, 2019, respectively.
(hereinafter “instant lease agreement”). B.
Since September 27, 2018, the Defendant did not pay the rent, the Plaintiff notified the Defendant that the instant apartment was transferred, since the instant lease agreement had been terminated as a two-term rental body before the instant lawsuit was filed.
C. Meanwhile, after the filing of the instant lawsuit, the Defendant paid KRW 18 million to the Plaintiff from November 24, 2018 to December 12, 2019, and the Plaintiff appropriated the unpaid rent.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings
2. Determination as to the cause of claim, etc.
A. According to the above facts finding as to the cause of the claim, the lease contract of this case was lawfully terminated due to the defendant's delinquency in payment of rent, and the fact that the defendant possessed the real estate of this case until the date of the closing of argument of this case is not disputed between the parties. Thus, the defendant is obligated to return unjust enrichment from the time of termination of the lease contract of this case to the plaintiff without any legal ground, and thus, the amount of unjust enrichment from the possession and use of the real estate is equivalent to the rent of the real estate.
Therefore, the Defendant, barring special circumstances, delivers the instant real estate to the Plaintiff upon the termination of the instant lease agreement, and from August 15, 2019 to the completion date of the delivery of the instant real estate (the Plaintiff shall be appropriated by deeming that the Defendant paid KRW 18 million after the instant lawsuit was the rent for the period from September 27, 2018 to October 18).