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1. The defendant shall be the plaintiff.
A. From 25,500,000 won to 25,500 won, the delivery of buildings listed in the separate sheet from June 20, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On June 2, 2015, C entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms that the instant building was leased at KRW 30,00,000,00, and the term of lease from June 17, 2015 to June 16, 2017 (hereinafter “instant lease agreement”).
Around that time, the Defendant paid C the lease deposit of KRW 30,000,000, and occupied and used the building of this case from C.
B. On December 20, 2016, the Plaintiff entered into a contract to purchase the instant building from C for KRW 1,200,000,000, and completed the registration of ownership transfer in the name of the Plaintiff on December 20, 2016.
C. On February 28, 2017, the Defendant paid KRW 3,000,000,000 to the Plaintiff as monthly rent, and KRW 1,500,000 on April 19, 2017, and thereafter did not pay the difference.
On June 12, 2017, the Plaintiff sent to the Defendant a certificate of the content that the instant lease contract is terminated on the ground of the rent for at least three consecutive years.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. Determination
A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated on June 2017 due to the Plaintiff’s notice of termination on the ground of more than three years of delay of rent.
The Defendant is obligated to restore the instant building to its original state to the Plaintiff who succeeded to the lessor’s status under the instant lease agreement, barring special circumstances, and is obligated to return the rent and unjust enrichment equivalent to the rent due to the possession and use of the instant building.
B. The defendant's assertion 1 as to the defendant's defense cannot respond to the plaintiff's claim before the plaintiff was refunded KRW 30,000,000 from the lease deposit.
In addition, the plaintiff is obligated to maintain and repair the building of this case, such as waterproof, and allow the lessee to use and benefit from the building of this case.