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1. The Plaintiff:
A. Defendant B Co., Ltd. delivers the real estate listed in the separate sheet;
B. Defendant C is above.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of building business, etc., and Defendant C is an internal director of the Defendant Company.
B. On May 10, 2017, the Plaintiff entered into a lease agreement between the Defendant Company and the Defendant Company under which the term of lease was set as KRW 24 months from May 10, 2017, KRW 10 million, and KRW 850,000,000, and KRW 850,000,000, which is the Plaintiff’s ownership (hereinafter “instant lease agreement”). On the same day, the Plaintiff handed over the instant real estate to the Defendant Company.
C. On May 21, 2017, Defendant C registered the business of “D” with the location of the instant real estate as the place of business, and the Defendant Company registered the business of the instant real estate as the location of the place of business on May 22, 2017, and thereafter, the Defendants continued to possess the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 4 and 5, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the Defendant Company did not pay part of the monthly rent to the Plaintiff from March 2018, at all, the monthly rent was not paid from September 2018.
Accordingly, the Plaintiff notified the Defendant Company that the lease contract will not be renewed after the expiration of the period on April 10, 2019, and the instant lease contract was terminated on May 10, 2019 due to the termination or expiration of the period due to the difference of land.
However, the Defendants possessed the instant real estate even after the termination of the instant lease agreement, and settled the monthly rent from August 2019 to July 2019, thereby gaining unjust enrichment equivalent to the rent due to the failure to pay the monthly rent from August 2019. Accordingly, the Defendant Company delivered the instant real estate to the Plaintiff, and Defendant C removed from the instant real estate.