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1. The Plaintiff:
A. Defendant B delivers a building listed in the separate sheet;
B. Defendant C shall enter the attached list.
Reasons
1. Basic facts
A. On July 23, 2014, the Plaintiff leased each of the buildings listed in the separate sheet (hereinafter “instant building”) to Defendant B by setting the lease deposit of KRW 50,00,000, KRW 4,200,000 per month of rent, and KRW 4,200,000 per July 24, 2016. The Plaintiff, separately from rent and value-added tax, was borne by the lessee, and the Defendants jointly agreed to manage the instant building.
(hereinafter “instant lease agreement”). B.
In the instant building, Defendant B operated a cafeteria with Defendant C, a mother of the instant building, together with Defendant C.
C. Defendant B paid each of the Plaintiff KRW 4,200,00 on November 3, 2014, KRW 4,200,000 on November 26, 2014, KRW 4,200,00 on July 24, 2015, and KRW 4,100,000 on August 5, 2015.
On November 7, 2014, the Plaintiff notified Defendant B of the termination of the instant lease on the ground that the instant lease was overdue on at least three occasions, and Defendant B received such notification around that time.
[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 7, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the fact that the instant lease contract is terminated, the delivery of buildings, and the occurrence of the duty to leave, Defendant B was in arrears with more than two vehicles, and on this ground, the Plaintiff was notified of the termination of the instant lease contract. Therefore, the instant lease contract was terminated.
Therefore, Defendant B transferred the instant building to the Plaintiff, and Defendant C has the duty to leave the instant building.
B. As of July 22, 2015, Defendant B’s obligation to pay overdue rent and unjust enrichment is calculated as KRW 56,016,224 as of July 22, 2015, the Plaintiff calculated the sum of overdue rent, unjust enrichment, and damages for delay thereof by deducting the aggregate of KRW 8,400,000, such as overdue rent paid to Defendant B at the time, and calculated as KRW 47,614,224, and then the Plaintiff’s right to claim overdue rent, etc. against Defendant B and against Defendant B.