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1. The Plaintiff:
A. Defendant C from 23,182,50 won to 23,182,500 won from the Plaintiff to Defendant C’s attached Form from December 1, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff is the steering committee composed of representatives from each floor of the managing body composed of sectional owners of the buildings listed in the attached list, which are the aggregate buildings (hereinafter “instant buildings”).
B. On September 14, 2017, the Plaintiff leased to Defendant B the instant store of 53.12 square meters on the second basement 583.36 square meters (hereinafter “instant store”) among the instant building and the first basement 1, with the lease deposit of 5 million won, monthly rent of 2 million won, the lease period of 2 million won from September 15, 2017 to April 14, 2019 (hereinafter “instant lease agreement”); and the Defendant B leased the instant store of 53.12 square meters to Defendant C on September 15, 2017 under the same conditions as the said lease agreement.
C. From May 2018, Defendant B did not pay the management fees of KRW 1,389,870 to KRW 1,639,870 each month from January 2019. On January 16, 2019, the Plaintiff notified Defendant B of his/her intention to terminate the instant lease agreement on the grounds of the delinquency in payment of rent of at least three years, and notified Defendant C of his/her intention to terminate the instant lease agreement on April 29, 2019.
As of November 30, 2019, the defendants' overdue rent of KRW 9,900,00 and overdue management expenses of KRW 16,917,50.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 2, 3, 4, Gap evidence 5-1, 2, Eul evidence 1, 2, 3 and the purport of the whole pleadings
2. Determination:
A. According to the above facts of determination as to the cause of the claim, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination on the ground of delinquency in rent, barring special circumstances, Defendant C is obligated to deliver the store of this case to the Plaintiff, and the Defendants are jointly obligated to pay rent, management fee, or unjust enrichment equivalent to the same amount.
B. On September 9, 2019, the Defendants asserted that they additionally repaid KRW 10,540,000 out of the rent and management fee in arrears, but subparagraph 1 of this Article.