A. A store (general restaurant) among the area of 153.67 square meters of a building indicated in the attached Table shall be handed over to 108.07 square meters of a building.

A. On May 2009, Nonparty C leased a store (general restaurant) of 108.07 square meters (hereinafter “instant building”) among the first floor of the building indicated in the attached Form (hereinafter “instant building”) and operated the restaurant following the registration of the business.

B. On May 20, 2015, C drafted a lease agreement stating that the instant building is leased by D and three other owners at the time of the instant building, including KRW 30,00,000, and the lease term, until May 20, 2016, and the monthly rent is KRW 2,700,000 (value-added tax 270,000).

C. On January 7, 2016, the Plaintiff acquired ownership of the instant building and succeeded to the lessor’s status under the instant lease agreement pursuant to Article 3(2) of the Commercial Building Lease Protection Act.

The Plaintiff filed a lawsuit against C for delivery of the instant building by the court 2016da5083538, on the ground that the term of the instant lease agreement expires, and was sentenced to a favorable judgment on December 6, 2016.

E. C is above D.

On June 22, 2017, this Court filed an appeal against the judgment of the first instance court under this Court No. 2017Na437, and the above judgment was finalized around that time.

F. Meanwhile, in order to preserve the right to claim delivery of the building in this case against C, the Plaintiff intended to enforce the provisional disposition of prohibition of possession transfer issued by this court 2017Kadan30120 on February 14, 2017. However, the Plaintiff became unable to execute the said disposition because the possessor of the building in this case becomes the Defendant and C.

G. The Defendant is jointly occupying C and the instant building.

H. In the event that deposit for the instant building was 30,000,000, the amount of unjust enrichment equivalent to the monthly rent is KRW 2,993,00 per month.

[Grounds for Recognition: The entries in the evidence of subparagraphs 1 through 6, the purport of the whole pleadings]

2. Determination

A. According to the above facts, the defendant delivered the instant building to the plaintiff, the owner of the instant building, barring special circumstances, and the plaintiff jointly and severally with C.