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1. The defendant against the plaintiffs
(a) deliver the buildings listed in the separate sheet;
B. From August 15, 2019, the above-mentioned A
subsection (b).
Reasons
1. Basic facts
A. On September 8, 2010, the Defendant leased the instant real estate listed in the separate sheet (hereinafter “instant real estate”) from D with KRW 10 million as lease deposit, monthly rent of KRW 500,000,000 (hereinafter “instant lease”), and around that time, occupied and used the instant real estate transferred to the present time.
B. On January 30, 2012, the Plaintiffs received 1/2 shares of the instant real estate from D.
C. The Defendant is dissatisfied with the Plaintiffs’ monthly rent from June 2017.
The Defendant was declared bankrupt on August 12, 2019 by the Ulsan District Court 2019Hadan68, and was granted immunity by October 30, 2019.
【Non-contentious facts, Gap 1 through 7 evidence, Eul 1 evidence (including abnormal numbers), and the purport of the whole pleadings.
2. According to the above facts, the Defendant did not pay the monthly rent stipulated in the instant lease agreement for more than three years, and it is apparent in the record that the Plaintiff, who succeeded to the instant lease agreement, was served on September 24, 2019 by the Defendant on the ground that the duplicate of the complaint of this case containing the intent to terminate the instant lease agreement on the ground of the foregoing delay, was served on the Defendant on September 24, 2019. Thus, the instant lease agreement was lawfully terminated on the ground of the Defendant’s delay on September 24, 2019. As such, the Defendant is obligated to deliver the instant real estate to the Plaintiffs. As such, the Defendant gains unjust enrichment of the amount equivalent to the monthly rent by continuing possession and use of the instant real estate for its original purpose after the termination of the instant lease agreement, and thus, the Defendant has an obligation to pay the Plaintiffs the amount equivalent to the same amount, calculated on the basis of the Plaintiffs’ request after the date of the bankruptcy of this case, to the end of delivery of the real estate.
3. Conclusion.