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1. From 9,450,500 won to 9,450,500 won, Defendant B shall be from November 29, 2016 to the completion date of delivery of the land specified in attached Table 1.
Reasons
1. Indication of claim;
A. On February 13, 2008, the Plaintiff entered into a lease agreement with Defendant B on the land listed in the separate sheet No. 1 (hereinafter “instant land”) on the lease deposit for KRW 50 million, KRW 4950,000 (including value-added tax), and the period from April 1, 2008 to April 1, 201 (hereinafter “instant lease agreement”). Around April 1, 2008, the Plaintiff handed over the instant land to Defendant B.
B. The Plaintiff and Defendant B agreed to increase the rent of the instant lease agreement as KRW 5.5 million from March 2010 to KRW 5.5 million from April 201 to KRW 6.5 million.
C. Defendant C, Defendant D, and Defendant E sub-leaseed the part of the annexed drawing indication (b) of the instant land to Defendant C, and the same drawing indication (c) of the same drawing to Defendant D, and Defendant C, Defendant D, and Defendant E received delivery of each of the above parts of the instant land, and installed containers on that ground.
The Plaintiff, on November 29, 2016, declared that the instant lease agreement was terminated to Defendant B on the ground that the Plaintiff was not paid a total of KRW 40,549,500, which constitutes six or more rents from Defendant B.
E. Therefore, Defendant B is obligated to deliver the instant land to the Plaintiff simultaneously with receiving payment from the Plaintiff at the same time, after deducting the amount calculated by the rate of KRW 40,549,500,000, the aforementioned unpaid rent from KRW 50,000,000, and the amount calculated by deducting the amount equivalent to the rent from November 29, 2016 to the completion date of the delivery of the instant land from the unjust enrichment amounting to KRW 6,050,00.
F. In addition, since the instant lease contract between the Plaintiff and the Defendant B was terminated, each sub-lease contract between Defendant B, Defendant C, Defendant D, and Defendant E has been terminated. As such, Defendant C, Defendant D, and Defendant E should remove containers installed on the ground of the instant land due to restitution to their original state, and deliver to the Plaintiff the part possessed on the instant land.