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1. The Plaintiff, Defendant D and E jointly, KRW 1,687,50,00, and Defendant B jointly with the said Defendants, and KRW 1,613,00 of the said money.
Reasons
【Judgment on Claim against Defendant D and E】
1. The part concerning the above Defendants among the grounds for the attachment to the indication of the claim
(2) Article 208(3)2 of the Civil Procedure Act (the Plaintiff jointly and severally requested the Defendants to pay the amount calculated by the ratio of KRW 750,00 per month from December 9, 2018 to the completion date of delivery of the building indicated in the separate sheet) of the judgment rendered on December 9, 2018 by deeming that the Plaintiff sought delivery of the real estate indicated in the separate sheet among the claims on the date of the first pleading. As seen thereafter, the delivery date of the said real estate is February 15, 2019. As such, the amount calculated at the rate of KRW 750,00 per month during the above period is KRW 1,687,50 [=750,00 per month] x (27/28 months]. In addition, since unjust enrichment liability is indivisible, barring any special circumstance, where multiple persons jointly use another person’s property without any legal cause, the Defendants jointly and severally liable to pay the said amount to the Defendants [the above Defendants]
1. Basic facts
A. On October 28, 2014, the Plaintiff entered into a lease agreement with Defendant B, E, and the real estate listed in the separate sheet (hereinafter “instant real estate”) with each other, with the lease deposit of KRW 300,000,000, annual rent of KRW 7,500,000, and the lease term from December 9, 2014 to December 8, 2016.
B. After that, on November 18, 2016, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant B and Defendant B for the lease deposit of KRW 300,000,000, monthly rent of KRW 750,000, and the lease term of the instant real estate from November 16, 2016 to December 8, 2018.
C. On September 21, 2018, the Plaintiff sent to Defendant B a certificate of content that the Plaintiff would refuse to renew the instant lease agreement.
Accordingly, Defendant B and D did not intend to extend the instant lease agreement to the Plaintiff on October 1, 2018, and 10% of the lease deposit is October 5, 2018.