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1. The defendant jointly with the plaintiff and the non-party C
(a) deliver the buildings listed in the annex sheet;
(b) KRW 5,420,00; and
Reasons
1. Basic facts
A. On January 7, 2010, Nonparty C entered into a lease agreement with the Plaintiff on the condition that the Plaintiff pay 2.40,000,000 won for the monthly rent from March 2, 2010 to March 1, 2012 for the entire first floor of the Songpa-gu Seoul D Building (hereinafter “instant building”) owned by the Plaintiff, respectively, until March 2, 2010, until March 2, 2010.
B. On February 29, 2012, Nonparty C and one other concluded a lease agreement (hereinafter “the lease agreement of this case”) on the condition that the lease period for the instant building from February 29, 2012 to February 28, 2014, the deposit amount of KRW 150,000,000, monthly rent of KRW 3,500,000 (the monthly rent of KRW 300,000,000, monthly rent of February 28, 2013, electricity, water supply, and surcharges and surcharges are paid respectively on the 29th day of each month (hereinafter “the lease agreement of this case”).
C. The Plaintiff filed a lawsuit against C for the return of unjust enrichment equivalent to the rent calculated by the ratio of KRW 15,00,000 per month from March 1, 2014 to the date of completion of the order for the lease of the instant building as the court’s 2014Kadan19500, and the Plaintiff filed a lawsuit for the return of unjust enrichment from March 1, 2014 to the date of completion of the order for the sale of the building. On November 26, 2014, the said court rendered a judgment that “C orders the Plaintiff to order the instant building and pay the Plaintiff money calculated by the ratio of KRW 8,00,000 per month from March 1, 2014 to the date of completion of the order for the sale of the said building.”
C. Both the Plaintiff and C filed a counterclaim with the appellate court, and C filed a counterclaim, and on October 30, 2015, the said appellate court (this court 2015Na16, 2015Na2425 (Counterclaim)) rendered a judgment that “C orders the Plaintiff to issue the instant building, and pays the amount calculated at the rate of KRW 13,50,000 per month from October 1, 2015 to the completion date of the instant commercial name.” The remaining principal lawsuit and C’s counterclaim were dismissed, respectively, and the Defendant filed a final appeal against the said appellate court, but became final and conclusive on February 18, 2016.”
On November 12, 2015, the Plaintiff was issued with 2015No3653 of this Court.