beta
Text
1. The Defendants deliver each building listed in the separate sheet to the Plaintiffs.
2. For the plaintiffs:
A. Defendant C shall be 3,705.
Reasons
1. Facts of recognition;
A. The Plaintiff B and E shared each of the buildings listed in the separate sheet (hereinafter “instant real estate”) in proportion to 1/2.
B. On July 5, 2016, Plaintiff B and E concluded a lease agreement: (a) leased the instant real estate to the Defendants by setting the deposit amount of KRW 60 million; (b) monthly rent of KRW 13 million; and (c) the period from September 1, 2016 to August 31, 2019.
(hereinafter “Lease.” This case’s lease was premised on the premise that the Defendants operate a penture in the instant real estate. To this end, the Defendants made prior investment in advance, but the amount of investment was deducted by 2 million won per month from the rent, and the actual rent was paid by only KRW 11 million per month (=13 million per month - 2 million).
C. On August 4, 2017, E transferred to Plaintiff A the share of 1/2 of the instant real estate and the status of lessor of the instant lease agreement.
The Defendants in arrears did not pay the difference from August 1, 2017.
[Reasons for Recognition] Unsatisfy, Gap 1, 2 (including virtual numbers), the purport of the whole pleadings
2. Defendant C does not dispute the Plaintiffs’ claim seeking delivery of real estate due to termination of the instant lease agreement and return of unjust enrichment equivalent to the rent in arrears.
Defendant C is obligated to deliver the instant real estate to the Plaintiffs and pay the money calculated by the ratio of KRW 3,705,400 per month from March 5, 2018 to March 5, 2018.
3. Determination as to the claim against Defendant D
A. The Defendants did not pay rent from August 2017 for the determination on the claim for delivery of real estate. However, the fact that the duplicate of the complaint of this case containing the Plaintiffs’ declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent of at least three times is clearly recorded on January 4, 2018.
In this case.