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1. The Defendants are to the Plaintiff:
(a) deliver attached real property;
B. Joint and several occasions from July 11, 2014 to the above A.
(b).
Reasons
1. Facts of recognition;
A. On January 24, 2013, Defendant B leased the real estate indicated in the attachment from the Plaintiff to KRW 80 million, monthly rent of KRW 9.35 million and received the real estate indicated in the attachment around that time.
However, only KRW 40 million was paid out of the agreed lease deposit.
Monthly rent has been reduced to KRW 8250,000 on July 1, 2014.
B. As of February 22, 2013, Defendant B established Defendant C Co., Ltd. and took office as the representative director, and subleted the attached real estate to Defendant C with the Plaintiff’s consent.
C. However, the Defendants did not pay the difference from February 19, 2014.
On February 6, 2015, the Plaintiff sent to the Defendants any content-certified mail containing the effect that the lease contract is terminated, and at that time, the said mail sent to the Defendants.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 8-1 and 2, the purport of the whole pleadings
2. According to the above findings of the determination as to the cause of the claim, the instant lease contract was terminated by a legitimate termination on the ground of the delinquency in rent.
Therefore, the defendants are obligated to deliver attached real estate to the plaintiff.
In addition, KRW 40 million was appropriated for the overdue rent of KRW 43,801,290 from February 19, 2014 to July 10, 2014 (=9350,000 + KRW 8250,000 x (4th month 12/30,000) x 10 days/31 days, and less than KRW).
The Defendants are obligated to pay, as remaining rent or unjust enrichment, an amount calculated by the ratio of KRW 8,250,000 per month from July 11, 2014 to the completion date of delivery of the said real estate.
3. As to the Defendant B’s assertion, the parties to the instant lease agreement are Defendant C, and the company was established at the time of its establishment, and thus, Defendant B cannot be held liable for the Plaintiff as the lessee.
However, Defendant B is marked as lessee in the lease contract.