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1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.
2. Defendant B shall be the Plaintiff on 8,125.
Reasons
1. Assertion and determination
A. In addition to the purport of the entire pleadings as to the statement in the evidence Nos. 1 through 11, the Plaintiff, as the owner of the real estate listed in the separate sheet (the instant real estate), entered into a lease agreement (the instant lease agreement) with the Defendant B on July 26, 2017, setting the lease deposit of KRW 15 million, monthly rent of KRW 2,500,000,000 (the 10th day of each month), and the period from August 10, 2017 to 12 months, and the Defendant B acquired the instant real estate and used the instant real estate with the Defendant C who is the spouse at that time, and Defendant B did not pay two or more times the monthly rent as stipulated in the said lease agreement, and the Plaintiff did not receive the lease agreement from the Defendant B by mail on January 14, 2017 and January 17, 2018, the Plaintiff notified the Defendant of the termination of the lease agreement, based on each of the following reasons:
According to the above facts, since the lease contract of this case was lawfully terminated by the plaintiff's notice of termination on or around December 2017, the defendants are jointly obligated to deliver the real estate of this case to the plaintiff, and the defendant B is obligated to pay the plaintiff the amount of unjust enrichment equivalent to the rent of KRW 8,125,00 and KRW 2,500 per month from July 10, 2018 to the completion date of delivery of the above real estate.
B. On this issue, the Defendants determined that one year can be extended on the same condition after maturity upon the lessee’s request under paragraph (1) of the instant lease agreement, and that two years can be guaranteed under the Housing Lease Protection Act, and thus, the Plaintiff’s request cannot be complied with.
However, the above special agreement and the lease term under Article 4 (1) of the Housing Lease Protection Act are merely the purpose of guaranteeing the lease term under the premise of the lessee's obligation, not the provision excluding the termination right of the lessor due to unpaid rent, etc. of the lessee, and they were December 14, 2017.