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1.The judgment of the first instance shall be modified as follows:
The Defendant’s KRW 69,568,715 from the Plaintiffs and KRW 64,94.
Reasons
1. The reasoning for this Court’s explanation is as follows: (a) the reasoning for the judgment of the first instance is the same as the entry of “1. Recognition” in the reasoning of the judgment of the first instance, except where “B Co., Ltd.” in Part 9 of the judgment of the first instance is deemed “Spanish” as “Spanish.”
2. The parties' assertion
A. Since the lease contract of this case was terminated on the grounds of the Defendant’s delinquency in rent, the Defendant is obligated to deliver each of the instant real estate to the Plaintiffs, and pay the amount calculated at the rate of KRW 4,245,317 per each month from December 31, 2015 to the delivery of each of the instant real estate.
B. As of May 31, 2015, the Defendant asserted that: (a) as of May 31, 2015, the Defendant claims KRW 101,187,840, total amount of the construction cost claims recognized as having a relation to each of the instant real estate and the return claims of lease deposit; and (b) the Defendant has a lien on each of the instant
3. Determination
A. Since there is no dispute between the parties that the lease contract of this case was terminated on the ground of the Defendant’s delinquency in payment of rent at least two times as to the cause of the claim, the Defendant is obligated to deliver each of the real estate of this case to the Plaintiffs and pay the unpaid rent or unjust enrichment equivalent to the unpaid rent, barring special circumstances.
B. On December 23, 2011, the Defendant occupied the real estate listed in the separate sheet No. 1 based on the lease agreement as of December 23, 201, and possessed the real estate of this case from July 1, 2012 under the instant lease agreement as of May 31, 2012, as seen earlier.
The Plaintiffs enter into a lease agreement without the consent of the International Trust Co., Ltd. and the Ilsan Agricultural Cooperative, the first beneficiary of each of the instant real estate.