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1. The defendant shall pay 7,200,000 won to the plaintiffs and 12% per annum from April 14, 2020 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) Husband and wife 1) the real estate listed in the separate sheet (hereinafter “instant real estate”).
(1) The Plaintiffs, the owners of the instant land, are KRW 600,000 per month as to the instant real estate between the Defendant and the Defendant on September 1, 2017, and are leased without the expiration date from September 1, 2017 (hereinafter “instant lease agreement”).
(2) Around September 1, 2017, the Plaintiffs delivered the instant real estate to the Defendant. However, following the Defendant’s reduction immediately after the conclusion of the instant lease agreement and release on or around March 2018, the Plaintiffs and the Defendant agreed to apply the instant lease agreement from April 2018 to August 2019. The Defendant paid KRW 7,200,000 for the annual rent from April 2018 to March 2019.
3) On April 30, 2019, the Plaintiffs notified the Defendant of the termination of the instant lease agreement on the grounds of nonperformance of the obligation as a lessee. On September 6, 2019, the Defendant notified the Plaintiffs of the termination of the instant lease agreement by serving a written complaint in the instant case No. 2019Da60514 against the Plaintiffs. The Plaintiffs lost their ownership of the instant real estate on March 19, 2020, and the Defendant did not deliver the instant real estate to the Plaintiffs until the Plaintiffs lose their ownership.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Gap evidence 5-1, Eul evidence 1, the purport of the whole pleadings
B. According to the above facts of recognition, the lease contract of this case was terminated at least on September 6, 2019, and the defendant, from April 2019 to March 18, 2020, returned to the plaintiffs about 12 months the rent or unjust enrichment equivalent to the rent, 7,200,000 won (60,000/ month x 12 months x 12 months), and as to this, the delivery of the written application for modification of the purport of the claim of this case from April 14, 2020 to the day of complete payment.