건물명도(인도)
1. The Defendant: (a) KRW 422,714 for each of the Plaintiffs, as well as 5% per annum from December 15, 2017 to February 7, 2018; and (b).
1. The Plaintiffs are co-owners with shares of 1/2 in relation to (a) part 76 square meters in the ship (hereinafter “instant real estate”) connected each point in the attached Form No. 1, 2, 3, 4, and 1 among the real estate in the attached Table No. 1, 2, 4, and 1.
On June 10, 2017, the Plaintiffs agreed to pay KRW 180,000 as the down payment out of the lease deposit by June 14, 2017, when concluding a lease agreement with the Defendant and the said real estate stating that “65,00,000 won for the lease deposit, KRW 180,000 per month for the rent, and the lease period from June 12, 2017 to June 11, 2019 (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”), and pay KRW 64,820,000 for the remainder of the lease deposit by June 14, 2017.
On June 12, 2017, the Defendant did not pay the down payment as well as the remainder of the lease deposit to be paid by June 14, 2017, when the Defendant moved in the instant real estate.
The Plaintiffs notified the Defendant of the rescission of the instant lease agreement on June 15, 2017.
On August 8, 2017, the Defendant transferred the instant real estate to the Plaintiffs, while holding directors.
[Ground of recognition] Unsatisfy, described in Gap evidence 1 through 6, video (including branch numbers if there are branch numbers), the purport of whole pleadings
2. The plaintiffs' assertion and judgment
A. The Defendant asserted that the Plaintiffs did not pay the lease deposit stipulated in the instant lease agreement to the Plaintiffs, and that Plaintiffs rescinded the instant lease agreement.
However, the Defendant occupied and used the instant real estate without permission from June 12, 2017 to August 8, 2017.
The defendant, while occupying and using the instant real estate during the above period, gains profits of KRW 1,60,00,000 (= KRW 650,000 per month converted from the monthly rent of the lease deposit (= KRW 65,00,00 per annum 12%) x 58 days (period from June 12, 2017 to August 8, 2017) ± 30 days, and 00 units or less each of the plaintiffs.