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1. The Defendants jointly and severally against the Plaintiff
(a) deliver the buildings listed in the separate sheet;
B. From May 9, 2018, annexed hereto.
Reasons
1. Facts of recognition;
A. On April 3, 2018, the Plaintiff leased the building listed in the attached list (hereinafter “instant apartment”) to Nonparty D as a deposit of KRW 10 million, monthly rent of KRW 720,000 (payment on April 8), and the term of lease was set from April 9, 2018, a housing delivery date, to Nonparty D for 24 months.
B. Nonparty D paid a deposit of KRW 10 million to Nonparty D, and received the instant apartment on April 9, 2018, and died on April 12, 2018.
C. The Defendants are heirs with children of the network D’s non-dynamics.
[Ground of recognition] Unsatisfy, entry of evidence A1 to 4, purport of the whole pleadings
2. The Plaintiff’s assertiond tenant D, the lessee, is living alone.
Since the heir died and the heir did not succeed to the lease agreement and the lease agreement was terminated, the Defendants, a comprehensive inheritor, are obligated to deliver the instant apartment to the Plaintiff, and pay monthly rent or unjust enrichment at the rate of KRW 720,000 per month from May 9, 2018 to delivery. Since the lease relationship was terminated before the expiration of the contract period due to the deceased D’s death, the Plaintiff is obligated to compensate for damages of KRW 309,000 of the real estate agent’s expense incurred by the Plaintiff and pay consolation money of KRW 1,00,000 as compensation for mental damages suffered by the Plaintiff.
3. Determination
A. The Plaintiff explicitly expresses his intention not to maintain the lease agreement after the death of the network, and the Defendants seem to have agreed to terminate the lease agreement not to be implicitly and implicitly.
Therefore, the instant apartment lease agreement is deemed to have been concluded around June 27, 2018, when the copy of the instant complaint indicating the intent of the Plaintiff was served on all the Defendants.
Therefore, the Defendants are jointly and severally liable to deliver the instant apartment to the Plaintiff, and the Plaintiff is obligated to pay the amount of monthly rent or unjust enrichment equivalent to the rent in proportion to KRW 720,000 per month from May 9, 2018 to the delivery date.
(b) claims for damages;