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1. The Plaintiff:
A. The Defendants deliver the real estate listed in the separate sheet;
B. Defendant B (1) from January 31, 2016.
Reasons
1. The following facts of recognition may be found either in dispute between the parties or in the entry in Gap evidence 1 to 5, with a comprehensive view to the whole purport of the pleadings:
On April 7, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on April 7, 2015, setting the lease deposit amount of KRW 70 million (in the remainder of KRW 7 million, KRW 63 million), KRW 4,400,00 (including value-added tax) and the contract term of KRW 4,400,000 (including value-added tax) from April 30, 2015 to April 29, 2020.
B. Defendant B did not pay the remainder of KRW 63 million among the lease deposit that was to be paid as of April 30, 2015; Defendant B did not pay KRW 400,000 equivalent to value-added tax among the rent that was to be paid from May 30, 2015 to August 30, 2015; and Defendant B did not pay the rent after September 30, 2015.
C. On October 12, 2015, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of the remainder of the lease deposit and the delayed payment of rent.
The Defendants currently occupy the instant real estate.
2. According to the above facts of determination, since the lease contract of this case was lawfully terminated, the defendants are obligated to deliver the real estate of this case to the plaintiff.
Furthermore, Defendant B is obligated to pay the Plaintiff the overdue rent and unjust enrichment equivalent to the rent for the instant real estate. The fact that the sum of the overdue rent and the amount of unjust enrichment equivalent to the rent for the instant real estate in arrears by January 30, 2016 was not in dispute between the parties, or that there was no dispute between the parties, or that it can be recognized by the evidence Nos. 3 through 5.
Therefore, Defendant B, from January 31, 2016, obtained by deducting the down payment of KRW 7 million from the down payment of the lease deposit paid by Defendant B at the above KRW 23.6 million, and from January 31, 2016, 5% per annum prescribed by the Civil Act until February 11, 2016, on which the copy of the application for change of the purport of the claim and the cause of the claim in this case was served.