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1. The Defendant: (a) KRW 229,48,816 for the Plaintiff and KRW 6% per annum from October 27, 2017 to May 31, 2018; and (b) the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff received a successful bid in the auction process and completed the registration of ownership transfer on June 30, 2014, from the Plaintiff, each building indicated in the list of real estate indicated in attached Table 1 (hereinafter “each building of this case”).
B. On October 1, 2014, the Defendant entered into a lease agreement with the Plaintiff, verbally, to pay KRW 8,800,000 per month for the first building of the instant building (including value-added tax; hereinafter the same shall apply) and KRW 1/2 (hereinafter “agreement electrical charges”) from among the electric charges imposed on the instant building each month, and began to possess and use the first building from January 1, 2015.
C. Around July 15, 2017, the Defendant finally delivered the instant building to the Plaintiff. The money paid in return for the occupation and use of the instant building from January 1, 2015 to July 15, 2017 to the Plaintiff during the period of time is KRW 99,237,633 in total.
[Ground of recognition] The fact that there is no dispute, Gap's 18, 20 evidence, and Eul's 3 (including a number, unless otherwise specified; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Defendant occupied and used the instant building one building from January 1, 2015 to July 31, 2016 under a lease agreement concluded around October 2014. The sum of the rent and the agreed electricity fee during the said period is KRW 231,498,434.
In addition, the defendant occupied and used the building of this case without permission from August 1, 2016 to July 15, 2017, which was after the termination of the above lease contract, and the defendant has occupied and used the building of this case for the above period, and the amount of unjust enrichment equivalent to the rent calculated based on the monthly rent of KRW 19,576,00, which is the monthly rent of the building of this case, is KRW 224,614,487 [=the amount equivalent to the rent of one year = KRW 234,912,00 (= 19,576,000 x 12 months) x 349/365 x less than won];
Therefore, the defendant shall pay the plaintiff rent and the agreed electricity fee, or the plaintiff.