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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. 360,000 won and as regards this, August 2015
Reasons
1. Basic facts
A. On November 28, 201, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 5,000,000 for the instant real estate, KRW 500,00 for each month of rent (payment on February 2), and up to December 2, 2012 for the lease term.
(hereinafter “instant lease agreement”). B.
Around that time, the Defendant paid 5,000,000 won to the Plaintiff, and occupied and used the instant real estate until now.
C. Since the Defendant did not pay the difference of 11 months as of August 2015, the Defendant did not pay the difference until the date of the closing of the instant argument.
On January 14, 2015, where the Plaintiff did not pay the Defendant the overdue charge by January 31, 2015 on the grounds of the overdue charge of two or more periods of rent, the Plaintiff sent a content-certified mail stating the intention to terminate the instant lease agreement on February 3, 2015, and thereafter sent the content-certified mail to the Defendant at that time.
E. Around September 17, 2014, the Defendant paid KRW 140,000 for the replacement cost of the instant real estate on behalf of the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed terminated on February 3, 2015, on the grounds that the Plaintiff had expressed his/her intention to terminate the lease on the grounds of the Defendant’s delinquency in rent for at least two years. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstances. From September 2, 2014 to August 1, 2015, the Defendant is obligated to pay to the Plaintiff unjust enrichment of KRW 5,500,000 (=50,000,000 x 11 month) and delay damages therefrom, and the amount equivalent to the rent from August 2, 2015 to the delivery date of the instant real estate.
B. As to the defendant's defense and judgment, the defendant's overdue rent and rent are reasonable.