건물인도 등
1. The Plaintiff:
A. The Defendants shall have the entire three floors (264.76 square meters) and the entire roof tower (28.30 square meters) among the real estate listed in the attached list.
1. Facts of recognition;
A. On August 1, 2015, the Plaintiff entered into a lease agreement with Defendant B by setting the lease deposit amount of KRW 45,000,000 per month, KRW 1,700,000 per month, and the period from August 1, 2015 to September 2, 2016. On September 2, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B by setting the lease deposit amount of KRW 50,000,000, KRW 2,200,000 per month, and the period from September 2, 2016 to September 2, 2017.
B. Defendant B, without the Plaintiff’s consent, entered into a sublease contract with Defendant C on the instant real estate, and Defendant C engaged in the arrangement of commercial sex acts on the instant real estate.
On March 20, 2017, the Plaintiff, as the owner of the instant real estate, was subject to a summary order (U.S. District Court Decision 2016 High Court Decision 201Da16738) against a fine of 5,00,000 on the criminal facts that Defendant C leased the instant real estate upon being aware of the operation of the said commercial sex acts establishments.
C. On October 20, 2016, Defendant B entered into a sublease contract with Defendant D with respect to the instant real estate without the Plaintiff’s consent.
[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 5 (including a branch number), and the purport of whole pleadings
2. According to the facts of the above recognition, Defendant B entered into a sub-lease contract with Defendant C and D without the Plaintiff’s consent, and the fact that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of termination of the instant lease contract on the grounds thereof, was delivered to Defendant B on May 16, 2017, is apparent in the record. Thus, the instant lease contract was terminated.
Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and Defendant B, from May 17, 2017 to the completion date of delivery of the instant real estate, is obligated to return the amount of unjust enrichment equivalent to KRW 2,200,000 per month from May 17, 2017 to the date of delivery of the instant real estate.
3. Conclusion.