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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On June 8, 2014, the Plaintiff asserted that the instant real estate was leased to the Defendant by setting the deposit of KRW 10 million, monthly rent of KRW 1250,000,000, and the period from July 1, 2014 to June 30, 2019, but agreed with the Defendant to terminate the lease agreement with the Defendant on March 8, 2015, the Defendant is obligated to deliver the instant real estate to the Plaintiff and return the unjust enrichment on the monthly rent of KRW 10,000,000,000,000,000,000,000.
It is not so.
Even if the defendant subleases the real estate of this case without permission, and thus the lease contract of this case is terminated pursuant to Article 3 of the lease contract of this case. The defendant is obligated to deliver the real estate of this case to the plaintiff and return the unjust enrichment of the monthly rent party acquired from the possession and use of the real estate
2. Determination
A. According to the purport of Gap evidence Nos. 3 through 5 and Eul evidence Nos. 3 through 7 as to the assertion of the agreed termination, the defendant requested the plaintiff to terminate the lease contract on or before March 8, 2015, and the plaintiff provided a new lessee with the contract deposit. The defendant provided a new lessee on March 10, 2015 and received KRW 3,200 as the contract deposit. On the contrary, the plaintiff returned all the money received as the contract deposit. On March 17, 2015, the plaintiff received annual rent (or annual rent in Jeju-do instead of monthly rent in Jeju-do) from a new lessee (or annual rent in Jeju-do) and received KRW 25,00,000,000 from a new lessee. Thus, the plaintiff sent a message to the defendant that the lease contract should be extended, but if not, it can be acknowledged that the contract was terminated without permission.
In light of the above facts, the Plaintiff’s intent to terminate the contract on March 8, 2015 is a condition deposit to the Defendant, notwithstanding the existence of a new lessee.