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1. The defendant
(a) deliver the buildings listed in the separate sheet;
B. From March 13, 2016, the above A
subsection (b).
Reasons
1. Determination as to the cause of claim
A. 1) On January 27, 2016, the Plaintiff and the Defendant indicated in the separate sheet owned by the Plaintiff (hereinafter “instant building”).
(2) As to the term of lease (hereinafter “instant lease agreement”) a lease agreement providing for the term of lease from February 13, 2016 to February 12, 2018, the term of lease deposit KRW 12,000,000, monthly rent of KRW 650,000 ( late payment) (hereinafter “instant lease agreement”).
(2) According to the instant lease agreement, the Plaintiff delivered the instant building to the Defendant, and the Defendant paid KRW 12,00,000 to the Plaintiff KRW 12,00,000.
3) The Defendant did not pay the monthly rent from March 13, 2016, and the Plaintiff sent a content-certified mail to the Defendant to the effect that the instant lease contract would be terminated on the grounds that the said two or more automobiles were overdue, around July 20, 2016. [In the absence of any dispute over the grounds for recognition, each entry in the evidence Nos. 2 and 3, and the purport of the entire pleadings.]
B. In light of the above facts, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on the ground of the Defendant’s delinquency in rent, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the amount of rent or unjust enrichment equivalent to KRW 650,00 per month from March 13, 2016 to the completion date of delivery of the instant building.
2. The defendant's assertion argues that the plaintiff can not respond to the plaintiff's claim because the plaintiff received KRW 12,00,000 from the lease deposit in preparation for the defendant's delinquency in the monthly rent and deducted the overdue rent from the above lease deposit.
The lessee guarantees the obligation arising from the lease relationship, such as the lease deposit for the original overdue charge, and the lessee.