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1. The Plaintiff:
A. At the same time, the Defendant received KRW 5,715,00 from the Plaintiff, and at the same time, filed a building listed in the attached Table 1.
Reasons
1. Determination on the cause of the claim
A. (i) The following facts are not disputed between the parties, or may be acknowledged upon considering the whole purport of the pleadings as a whole, as stated in the evidence No. 1 to No. 7.
① On November 25, 2013, the Defendant entered into a lease agreement with C, the former owner of the instant commercial building, with a deposit of KRW 10 million, monthly rent of KRW 1050,000 (additional tax separately), and the lease agreement between November 25, 2013 and November 24, 2018, and the lessor agreed that the lessor may immediately terminate the lease agreement if the lessee fails to pay rent at least twice consecutively, and the Plaintiff acquired it on November 10, 2014 and succeeded to the status of the lessor.
② Although the Defendant occupied and used the instant commercial building by being handed over pursuant to the said lease agreement, he/she did not pay a total of KRW 4,445,000 (including surtax) equivalent to the amount of about four months from February 24, 2016 to June 24, 2016.
③ Around July 14, 2016, the Plaintiff notified the Defendant of the termination of a contract based on the delay of rent pursuant to the said lease agreement, and the notice reached the Defendant on July 15, 2016.
According to the above facts, the above lease contract between the plaintiff and the defendant was terminated on July 15, 2016 on the grounds of the rent for at least three years pursuant to the above lease contract and Article 10-8 of the Commercial Building Lease Protection Act.
As such, the Defendant is obligated to deliver the instant commercial building to the Plaintiff, and to pay the Plaintiff for unjust enrichment equivalent to the rent of KRW 4,445,00 in arrears (including surtax) from July 25, 2016 to July 25, 2016 and the amount of KRW 1,155,00 in arrears (including surtax) from July 25, 2016 to the completion date of delivery of the instant commercial building, or compensation for damages due to illegal possession.
Sheet Defendant shall simultaneously perform the lease deposit, defect repair expenses, beneficial expenses, etc. on the commercial building of this case.