1. The defendant shall be the plaintiff.

(a) Attached Form II(â………………) among the real property on the first floor listed in the attached list.

1. The following facts may be acknowledged if there is no dispute between the parties, or if there is an explanation of Gap evidence Nos. 1 to 3 (including paper numbers) and the overall purport of the pleading as a result of appraisal of rent by appraiser C.

The Plaintiff is a non-corporate association consisting of the building in Seoul Jung-gu, Seoul (hereinafter “instant commercial building”) and the owners of the building site, and carries out the business of leasing stores located in the instant building on behalf of the owners and receiving rents from lessees and delivering them to the owners.

나. 피고는 2007. 12. 1. 이후 이 사건 상가 건물 중 1층 120, 121, 122호(별지 도면 표시 ①②③④①의 각 점을 차례로 연결한 선내 ㈎ 부분 9.52㎡, 이하 ‘이 사건 계쟁부분 점포’라 한다.)를 점유하고 있다.

C. The amount equivalent to the rent for the shop in the instant dispute portion is 64,427,244 won in total from December 1, 2007 to March 31, 2014, and is 92,571 won per square meter after March 31, 2014.

2. As to the instant lawsuit claiming the delivery of the shop in the dispute of this case against the Defendant as the manager of the building of this case, the Defendant’s claim against the Defendant against the Defendant is unlawful. However, in the lawsuit for performance, the standing to be a party is against the person who asserts the right to demand performance, which is a subject matter of lawsuit, and the existence of the right to demand performance should be proved through the deliberation of the merits. Thus, the Defendant’s defense is without merit.

3. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the part of the dispute of this case to the plaintiff, unless it proves the legitimate title to possess the part of the dispute of this case, and return to the plaintiff the unjust enrichment equivalent to the rent earned in the possession and use of the above part of the dispute of this case.