Text
1. The defendant shall deliver each real estate listed in the separate sheet from the plaintiff at the same time, and at the same time, KRW 31,60,000 to the plaintiff.
Reasons
1. Facts of recognition;
A. On November 26, 2012, the Plaintiff prepared a lease agreement with the Defendant to lease the land and buildings listed in the separate sheet from the Defendant (hereinafter “instant real estate”) with a lease deposit amount of KRW 50 million and KRW 1 million in monthly rent of KRW 1 million.
B. Around that time, the Plaintiff paid KRW 50 million to the Defendant, and received the instant real estate from the Defendant and possessed it until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion was that the Plaintiff, on the part of the lessor, set the monthly rent of the instant real estate as KRW 1 million, on condition that the Plaintiff would damage gas station facilities, such as gas station, fire walls, office boiler, etc., on the instant real estate. However, the Plaintiff agreed that the said facilities were not installed, and thereafter, the Plaintiff and the Defendant were reduced to KRW 80,000,000,000.
The plaintiff paid a total of four months rent to the defendant during the lease period, and continued to conduct the gas station business on the real estate in this case for three months after the termination of the lease. The plaintiff claims the return of the remainder of the lease deposit after deducting overdue rent and unjust enrichment.
On November 25, 2014, the Plaintiff agreed to receive KRW 35 million from the Defendant.
Although there has been a argument to the effect that "," the above argument is deemed to have been withdrawn in light of the purport of the purport of the claim and the whole argument stated in the written application for amendment.
The defendant's summary of the defendant's assertion did not have agreed to allow the plaintiff to set up a gas station facility at an interval of not more than 80,000 won per month.
In addition, even after the termination of the instant lease agreement, the Plaintiff occupied and used the instant real estate for 16 months.
If there is any remainder after deducting overdue rent and unjust enrichment from the lease deposit, it will be paid at the same time as the delivery of the instant real estate from the Plaintiff.
3. Determination by issue.