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1. The defendant shall have the sloping roof of the general steel structure on the ground of Pyeongtaek-si B, and 90.28 square meters in the 2nd neighborhood living facilities.
Reasons
1. Basic facts
A. On September 26, 2014, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 10,000,000, monthly rent of KRW 500,000, and the period of September 26, 2016 (hereinafter “instant lease agreement”) with respect to the sloping-si general steel structure sloping roof No. 90.28 square meters (hereinafter “instant building”). On the same day, the Plaintiff handed over the instant building to the Defendant on the same day.
B. On the other hand, the Defendant did not pay the rent of the instant building after October 26, 2014, and the Plaintiff, on the grounds of the rent for more than two years, expressed the Defendant’s intent to terminate the instant lease by serving the duplicate of the complaint on the Defendant.
[Ground of Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the instant lease contract was lawfully terminated, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount of money in proportion to KRW 500,000 per month from October 26, 2014 to the completion date of delivery of the said building as unjust enrichment equivalent to rent or rent.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.