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1. Defendant B:
A. At the same time, the building indicated in the attached Form is simultaneously paid KRW 2,800,000 by the Plaintiff.
Reasons
1. Basic facts
A. On March 15, 2014, the Plaintiff leased the attached building owned by the Plaintiff (hereinafter “instant building”) to Defendant B for a fixed period of KRW 3,00,000,000 per deposit, KRW 290,00 per month of rent, and KRW 1 year per year (hereinafter “instant lease agreement”). around that time, the Plaintiff received KRW 2,80,000, out of the deposit money from Defendant B.
B. Defendant B currently resides with Defendant C, the mother of the instant building.
【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. In the case of lease of a building or any other structure judged as to the cause of claim, if the annual rent of the lessee amounts to two terms and conditions, the lessor may terminate the contract;
(Article 640 of the Civil Act). However, in full view of the purport of the entire pleadings, Defendant B’s failure to pay to the Plaintiff once from March 15, 2014, which was the date of the instant lease agreement, to the present day, based on the following: (a) on August 4, 2014, the Plaintiff’s expression of intent to terminate the said lease agreement on the ground of the Defendant’s nonperformance of the foregoing obligation can be recognized as having sent the “written claim for return of goods in breach of the lease agreement” by content-certified mail.
In addition, the fact that the Defendants currently reside in the above building owned by the Plaintiff is as seen earlier.
According to the above facts of recognition, the above "written claim for return of the object in violation of the lease contract" is presumed to have reached the defendant around August 2014, and thus the lease contract of this case was lawfully terminated on the same day.
Therefore, barring special circumstances, the Defendants are obligated to deliver the instant building to the Plaintiff, and Defendant B is obligated to pay rent or unjust enrichment equivalent to rent, calculated at the rate of KRW 290,000 per month from March 15, 2014 to the completion date of delivery.
3. The judgment on Defendant B’s defense is as follows: deposit money paid from the Plaintiff under the instant lease agreement 2,800.