1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim) shall deliver the real estate listed in the separate sheet to each other.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on August 29, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant store”). On January 1, 2016, the Plaintiff leased the instant store to Defendant B by the period of 12,000,000 won in deposit, 50,000 won in the rent month (on the last day of each month), and on December 31, 2017, and changed the rental period from December 31, 2018 to December 23, 203.

(hereinafter “instant lease agreement”).

B. From January 1, 2016, Defendant B, along with Defendant C, is running a business with the trade name “D” at the said store.

C. From December 2018, Defendant B did not pay the rent, and the complaint of this case, on September 20, 2019, indicating the intention to terminate the instant lease agreement on the grounds of the delinquency in rent, reached the above Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the principal claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the delinquency in rent.

I would like to say.

As to this, Defendant B asserts to the effect that the instant lease agreement remains effective since it was paid in full the unpaid rent of KRW 11,500,000 on September 30, 2019. However, it is difficult to accept the foregoing argument on the ground that the said contract was paid to the Plaintiff after the lawful termination of the contract, solely on the ground that it was paid to the Plaintiff the unpaid rent, does not interfere with the recognition of termination of the contract.

Therefore, Defendant B is obligated to deliver the instant store to the Plaintiff, barring any other special circumstances. Defendant B is obligated to pay the rent or unjust enrichment equivalent to the rent calculated by the ratio of KRW 1,150,000 per month from December 1, 2018 to the completion date of delivery of the said store. Defendant C is obligated to deliver the said store to the Plaintiff, the owner of the said store.