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1. The Defendants deliver to the Plaintiff the building indicated in the attached list, and from February 23, 2016, the said building was owned by the Defendants.
Reasons
1. Facts of the cause of claim;
A. On December 4, 2013, the Plaintiffs leased to Defendant E a building listed in the separate sheet owned by it (hereinafter “instant building”) up to November 24, 2015, the lease deposit amount of KRW 8,800,000, KRW 100,000, and the lease term of KRW 100,000, and the lease term of KRW 24, 2015.
B. Defendant E did not pay the rent of KRW 97,800,000 until January 23, 2016. On January 27, 2016, the Plaintiffs sent to the Defendants a mail proving that the said lease was terminated on the grounds of the expiration of the lease term and the lessee’s default on at least two occasions, and the Defendants received the said lease at any time.
C. Since the conclusion of the above lease agreement, Defendant F occupied and used the instant building until now.
[1] Defendant E: (1) Defendant F: The fact that there is no dispute, each entry in Party A’s Evidence Nos. 1 through 11 (including paper numbers), and the purport of the whole pleadings
2. Determination
A. According to the above facts, since the lease contract of this case was lawfully terminated by the plaintiffs due to the expiration of the lease term and the delay in rent of Defendant E, the lessee, on January 17, 2016, Defendant E, as the lessee, Defendant E is obligated to deliver the building of this case to the plaintiffs, who are the lessor and the owner of the building of this case. Furthermore, in ordinary cases, the amount of unjust enrichment to be returned by the defendants is considered to be the amount of rent of the real estate. Accordingly, according to the above facts, the rent of this case is 8,800,000 won per month and the amount of rent thereafter is confirmed to be the same amount as that of the building of this case. Accordingly, the amount of unjust enrichment to be returned by the defendants shall be the amount at the rate of 8,800,000 won per the plaintiff's request, from February 23, 2016 to the completion date of delivery of the building of this case.
Therefore, the Defendants delivered the instant building to the Plaintiff, and from February 23, 2016, the instant building was owned by the Defendants.