Text
1. The Defendants are to the Plaintiff:
(a) Of the buildings listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, and 1.
Reasons
1. Basic facts
A. On April 28, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on the part (A) general restaurant of 237.79 square meters on the part (hereinafter “instant real estate”) connected each point of the attached table Nos. 1, 2, 3, 4, 5, 6, and 1 among the buildings listed in the attached Table Nos. 1, 2, 3, 4, 6, and 1, which are owned by the Plaintiff.
- Lease term from May 10, 2017 to May 9, 2019 (24 months) - Lease deposit of KRW 20 million / Monthly rent of KRW 3 million (payment on May 10, 201)
B. After the instant lease agreement, Defendant C operated a restaurant with the trade name “D” on the instant real estate.
(1) As to the relation between the Defendants, the Plaintiff asserted that the Defendants were given a sub-lease agreement and that the Plaintiff implicitly consented thereto, and whether the Defendants did not dispute the relation with the Defendants.
When the Plaintiff was in arrears for not less than three months, the Plaintiff filed the instant lawsuit and notified the Defendants of the termination of the instant lease agreement.
As of May 9, 2018, the unpaid monthly rent of the Defendants is KRW 22.3 million.
[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1-4 (including virtual number), the purport of the whole pleadings]
2. Determination
A. According to the facts acknowledged prior to the cause of the claim, since the instant lease agreement was lawfully terminated due to the termination due to the delinquency in rent, the Defendants, who currently operated and used the instant real estate in the present real estate, deliver the instant real estate to the Plaintiff, and return unjust enrichment equivalent to the unpaid monthly rent or rent.
B. As to the Defendants’ assertion, (1) the dispute on the unpaid monthly rent - the Defendants’ assertion to the purport that the Defendants would dispute the unpaid monthly rent, which was received with the deduction of the lease deposit.
In relation to the instant lease agreement, the Plaintiff, even after deducting all of the Defendants’ deposit amounting to KRW 20 million, on May 9, 2018.