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1. The defendant
(a) deliver all the first, third, and fourth floors of the real estate listed in the separate sheet;
(b) 82,655.
Reasons
1. Basic facts
A. On February 28, 2017, the Plaintiff decided to succeed to the right to lease of C with respect to the entire first, third, and fourth (hereinafter referred to as “instant real estate”) among the real estate listed in the separate sheet with the Defendant as well as the attached list, and concluded the instant lease agreement by setting the lease agreement by setting the period from March 1, 2017 to February 28, 202, from March 1, 2017, from February 202, 201, from March 1, 2017 to February 28, 2017, from March 1, 2017 to February 28, 2019, to KRW 8,349,000 (Additional tax exemption until April 15, 2017), and from March 1, 2019 to February 28, 2022 (hereinafter referred to as “instant lease agreement”).
B. The Defendant paid a deposit of KRW 200,000 to the Plaintiff, and delayed the payment of KRW 82,655,100 as of March 31, 2018 while running a business in the instant real estate. The Plaintiff notified the Defendant of the termination of the instant lease by serving the duplicate of the instant complaint on the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings.
2. Determination
A. According to the facts of the determination on the cause of the claim, the instant lease agreement was terminated on May 1, 2018, by which the copy of the complaint of this case, stating the Plaintiff’s declaration of termination, was served on the Defendant.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the amount of KRW 82,65,100, which is unpaid as of March 31, 2018, and the amount of delay damages calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 2, 2018 to the date of full payment, as sought by the Plaintiff, and the amount of delay damages calculated from May 2, 2018 to the date of full payment, and the amount of rent of KRW 9,183,90 per month from April 1, 2018 to the date of delivery of the instant real estate to the Plaintiff and the amount of unjust enrichment equivalent to the rent.
B. The Defendant’s assertion is that the Plaintiff invested more than 100,000,000 won as the interior work cost on the instant real estate.