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1. The defendant shall be the plaintiff.
A. Connections each point of [Attachment 1] No. 1-10, and 1] indicated in Annex 1 List.
Reasons
Basic Facts
A. On January 15, 2015, D, the owner of the building B and C, five stories above the ground (hereinafter “instant building”) was determined and leased as KRW 45 million from January 15, 2015 to October 10, 2016 (the tenth day of each month of the rent payment period) the Defendant specified and leased a store listed in the attached Table 1 [Attachment 2] among the 72.18§³ of the 1st floor of the instant building, as indicated in the attached Table 1 [Attachment 2], in sequence 1-10 and 1; hereinafter “instant store”).
(hereinafter “instant lease agreement”). B.
The Defendant, according to the instant lease agreement, has received the instant store from D around that time, and runs the business of “E” at the instant store after completing business registration.
C. D sold the instant building to the Plaintiff on March 19, 2015, and the Plaintiff completed the registration of ownership transfer on March 31, 2015.
The defendant paid only rent for the period until May 9, 2015.
[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 5-1, 2, and Gap evidence No. 6, and the facts of the above recognition as to the grounds for determining the purport of the entire pleadings, the plaintiff succeeded to the lessor status under the lease agreement of this case pursuant to Article 3(1) and (2) of the Commercial Building Lease Protection Act, and the defendant was in arrears of two or more times, and the fact that the copy of the complaint of this case containing the plaintiff's declaration of intent to terminate the contract of this case was delivered on December 16, 2015 is apparent, and thus the lease contract of this case was lawfully terminated at the above time.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay to the Plaintiff the amount of unjust enrichment equivalent to KRW 5,940,000 per month from May 10, 2015 to February 9, 2016, based on the rate of KRW 660,00 per month from February 10, 2016 to February 10, 2016.