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1. The Plaintiff:
A. The Defendants deliver the real estate listed in the separate sheet;
B. Defendant C Co., Ltd. is 18,016.
Reasons
1. Facts of recognition;
A. A. Around December 2001, the Plaintiff entered into a lease agreement with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the condition that real estate listed in the separate sheet (hereinafter “instant real estate”) be leased under the following conditions (hereinafter “instant lease agreement”).
1) Lease deposit KRW 5,00,000, monthly rental fee KRW 450,00,000, and management fee separate. 2) Term of lease from January 1, 2002 to December 31, 202
B. The instant lease agreement has been implicitly renewed since then. As the Defendant Company did not pay the rent for a long time, on April 29, 2020, the Plaintiff sent to Defendant B, a representative of the Defendant Company, a content-certified mail that notifies the termination of the instant lease agreement on the ground that “the delayed rent reaches 17 months’ portion, and the management fee was considerably overdue,” and filed the instant lawsuit against the Defendants on May 12, 2020.
C. However, the Defendants changed the time to resolve the overdue charge and continue to occupy the instant real estate.
Management fees imposed from July 2019 to April 2020 with respect to the instant real estate are KRW 3,066,065 in total.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of the whole pleadings]
2. Determination
A. According to the above fact-finding on the claim for delivery of real estate, the instant lease agreement was terminated upon the Plaintiff’s declaration of intention to terminate the contract on April 29, 2020 due to the delayed payment of rent by the Defendant Company.
As such, Defendant B, who possesses the instant real estate together with the Defendant Company and the Defendant Company, has a duty to jointly deliver the instant real estate to the Plaintiff.
B. According to the above facts finding as to the claim for payment of money, for 56 months from March 2016 to October 2020, the amount that the Defendant Company should pay to the Plaintiff as unjust enrichment equivalent to the rent or the rent is the aggregate of 25,200,000 won, and from July 2019 to April 2020, the management fee is the management fee.