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1. Defendant B is of the first floor of the real estate stated in the attached Table No. 1 to the Plaintiff (Appointed Party, Counterclaim Defendant) and the Appointed D.
Reasons
1. Facts of recognition;
A. From November 25, 2011 to November 25, 2013, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the instant store E and the instant one, setting the lease agreement with a deposit of KRW 8 million and KRW 550,000 per month (in advance on January 25, 201), and the instant lease agreement was renewed until November 25, 2017.
B. From December 15, 2011 to December 15, 2015, Defendant C entered into a lease agreement with E and the instant 2 store (hereinafter “instant 2 lease agreement”) with a fixed lease agreement with a deposit of KRW 5 million, monthly rent of KRW 350,000 (prepaid on December 15, 201), and the instant 2 lease agreement was renewed until December 15, 2017.
C. The Plaintiff and the Appointor D shall complete the registration of ownership transfer on June 7, 2017 with respect to each of 1/2 shares of the real estate listed in the separate sheet (1) and (2).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including a branch number, hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff notified the Defendants of his/her intention to refuse renewal on or around November 2017, and the instant lease agreement was terminated on November 25, 2017, and on December 15, 2017, respectively. Even if not, the Plaintiff notified the termination of each of the instant lease agreement by serving the instant complaint on the Plaintiff and the designated parties. Therefore, the Defendants are obliged to deliver each of the instant stores to the Plaintiff and the designated parties, and Defendant B, from February 25, 2018 to February 25, 2018, to pay KRW 50,000 per month for unjust enrichment equivalent to the monthly rent from delivery to April 15, 2018 to the completion date of delivery of the instant store from April 25, 2018 to December 20, 2018, and each of the instant lease agreement was renewed between the Plaintiff and the Defendant 2, Defendant 1, 2018.