건물명도(인도)
1. The Defendants:
A. It delivers to the Plaintiff (Appointed Party) and the Appointed D real estate stated in the separate sheet, and B.
1. Facts of recognition;
A. On September 30, 2016, the Plaintiff (Appointed Party; hereinafter the Plaintiff) and the Appointor D (hereinafter the Appointor) concluded a lease agreement between the Defendants on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the deposit amount of KRW 200,000,000, monthly rent of KRW 18,000,00 (excluding value-added tax), and the lease period of the lease was from November 16, 2016 to November 16, 2021.
B. The Defendants are occupying and using the instant real estate in delivery on November 16, 2016, after paying the deposit to the Plaintiff and the designated parties.
C. The Defendants did not pay the monthly rent from December 23, 2016.
On April 3, 2017, on the grounds that the Plaintiff and the designated parties had been in arrears not less than twice, the Plaintiff sent the Defendants a certificate of content that contains an intent to terminate the lease agreement to the Defendants, and reached the Defendants around that time.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings
2. According to the facts found in the above determination, since the instant lease contract was lawfully terminated, the Defendants jointly delivered the instant real estate to the Plaintiff and the designated parties, and jointly pay the Plaintiff and the designated parties for a period of four months from December 23, 2016 to April 22, 2017, with the obligation to pay the amount of unjust enrichment calculated at the rate of 39,60,000 won (including value-added tax x 1/2) x 1/2 x 5% per annum from April 23, 2017 to May 11, 2017, and 15% per annum from the next day to the date of full payment, and from April 23, 2017 to the date of delivery of the instant real estate to the Plaintiff and the designated parties, the amount of unjust enrichment calculated at the rate of 9,90,000 won per annum from April 23, 2017 to the date of full payment.
3. citing the Plaintiff’s claim for conclusion