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1. The defendant shall be the plaintiff.
(a) Attached drawings among the first floor of the building stated in the attached list, shall be indicated in (1), (2), (3), (4), (5), and (6);
Reasons
1. Basic facts
A. On February 21, 2016, the Defendant leased, among the buildings listed in the separate sheet (hereinafter “instant building”) from Nonparty D, the part of 148.98 square meters in the attached sheet (hereinafter “instant store”) connected each point in sequence, as follows: (1), (2), (3), (4), (5), (6), and (1) of the attached sheet among the buildings listed in the separate sheet (hereinafter “instant building”).
(hereinafter referred to as “instant lease agreement”). - Lease deposit: 15,00,000 won - Monthly rent: 1,700,000 won (payment after the 15th of each month) - Term of lease: From March 15, 2016 to March 15, 2017 - From March 15, 2016 to the termination of the contract: In cases where the lessee has been in arrears on at least two consecutive occasions, the lessor may immediately terminate this contract.
B. On May 16, 2016, the Plaintiff purchased the instant building from D and E, and succeeded to the lessor’s status under the instant lease agreement.
C. The Defendant did not pay the Plaintiff the rent for two months until September 15, 2016. Accordingly, around October 24, 2016, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant lease contract is terminated on the grounds of overdue rent, and the said mail reached the Defendant around that time.
Even after that, the defendant did not pay the rent continuously.
[Grounds for Recognition: Facts without dispute, Gap 1-3 evidence, Eul 1 evidence, the purport of the whole pleadings]
2. Determination:
A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated upon arrival of the mail to the Defendant on October 24, 2016 due to the Defendant’s delinquency in payment of rent. Thus, the Defendant shall deliver the instant store to the Plaintiff, and the Defendant shall pay to the Plaintiff the amount of unjust enrichment equivalent to 6,800,000 won for overdue rent or rent until November 15, 2016 (i.e., KRW 1,700,000 x 4 months) and the amount of unjust enrichment equivalent to 1,70,000 won for each month from November 16, 2016 to the completion date of delivery of the instant store.