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The Plaintiff
A. The Defendants jointly deliver the buildings listed in the [Attached] list; and
B. Defendant C shall be KRW 12,320,000.
Reasons
1. Facts of recognition;
A. On May 28, 2019, the Plaintiff leased the building listed in the list (attached Form) (hereinafter “instant building”) to Defendant C as KRW 30,00,000, KRW 2,800,000 (value-added tax separate, KRW 12,000 per month, and KRW 12,80,000 per month, and the term of lease was fixed from June 12, 2019 to June 11, 2021 (hereinafter “instant lease contract”); and around that time, the Plaintiff handed over the instant building to Defendant C.
Article 4 of the above lease agreement provides that "if the lessee fails to pay the rent for the period of three years, the lessor may terminate the contract immediately."
B. Defendant D is occupying the instant building by sub-leaseing it to Defendant C.
C. From July 13, 2019, Defendant C did not pay the Plaintiff the difference under the instant lease agreement.
On October 17, 2019 and November 4, 2019, the Plaintiff sent to Defendant C, respectively, a content-certified mail stating the termination of the instant lease agreement on the grounds of overdue rent. Defendant C received each of the said services around that time.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1-3, 4-1, the purport of the whole pleadings
2. According to the facts found in the judgment on the cause of the claim, the instant lease agreement was lawfully terminated due to Defendant C’s delinquency in rent, and thereafter, it is presumed that the rent of the instant building was KRW 2,800,000 per month (excluding value-added tax).
Therefore, the Defendants are jointly obligated to deliver the instant building to the Plaintiff, and ② Defendant C is obligated to return unjust enrichment equivalent to the rent calculated at the rate of KRW 3,080 per month from November 13, 2019 to November 12, 2019 (including value-added tax) x 4 months, and the rent calculated at the rate of KRW 12,320,00 in arrears from July 13, 2019 to November 12, 2019.
(3) As the Defendant refused to deliver the instant real estate, Defendant C’s assertion on March 1, 200 is required to claim in advance unjust enrichment that occurred after the date on which the Plaintiff’s argument is closed.