1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. The Defendants jointly do so to the Plaintiff on November 2014.

1. Basic facts

A. On October 15, 2010, the Defendants leased the part of the funeral hall (hereinafter “instant funeral hall”) among the buildings in the building (hereinafter “the instant building”) of the Chungcheongnam-gun E and F Ground Hospital from the medical corporation D (hereinafter “D”) (hereinafter “D”) (hereinafter “instant building”) to the medical corporation, setting the deposit amount of KRW 500,000,000, monthly rent of KRW 1,500,000, and the period of KRW 500,000 from December 5, 2010 (hereinafter “instant lease”).

B. On November 11, 2014, the Plaintiff acquired the ownership by winning a successful bid for the instant building in the G compulsory auction procedure with the Chungcheong District Court (Cheongju District Court).

C. The Defendants run the “H Hospital Funeral Home” and possessed the instant funeral home until now.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendants’ right to lease is deemed to have extinguished upon the Plaintiff’s acquisition of ownership in the compulsory auction procedure. Therefore, the Defendants are obligated to deliver the instant funeral hall to the Plaintiff, the owner of the instant building, and jointly with the Plaintiff, to return the unjust enrichment equivalent to the rent in proportion to KRW 1,50,000 per month from November 11, 2014 to the completion date of delivery of the funeral hall of this case.

B. The Defendants asserted that the Defendants may claim the right of lease against the Plaintiff who acquired ownership after acquiring the opposing power pursuant to Article 3(1) of the Commercial Building Lease Protection Act by registering the business of the funeral hall of this case on December 7, 2010. However, the instant lease agreement constitutes a lease exceeding KRW 180 million (Article 2(1)4 of the Enforcement Decree of the Commercial Building Lease Protection Act) under the proviso to Article 2(1) of the former Commercial Building Lease Protection Act (amended by Act No. 13284, May 13, 2015).