Text
1. The Defendants are to the Plaintiff:
(a) deliver 158.62 square meters of one story among the buildings of 4 stories on the Gu-U.S. D ground;
(b) from July 3, 2018.
Reasons
1. Basic facts
A. On April 25, 2016, Defendant B entered into a lease agreement with the Plaintiff, G, H, I, J, and K regarding the lease deposit amounting to KRW 20,00,00, monthly rent, KRW 900,00, and the lease period from May 9, 2016 to May 8, 2018.
B. The instant store was owned by the deceased L, and the said lessor was the deceased’s heir, but at the time of the conclusion of the said lease agreement, the heir did not register inheritance in the name of the heir.
On October 12, 2010, the Plaintiff completed the registration of ownership transfer in the sole name of the Plaintiff on July 2, 2018 on the grounds of inheritance by agreement division.
C. As to the instant store, the Defendants filed a business report as described in the disposition No. 2 (hereinafter “instant business report”) under the name of Defendant C, the husband of Defendant B, and possessed the instant store and operated a restaurant business.
However, the dispute between the plaintiff, the landlord and the defendant B arises with respect to the consent of the sub-lease, and the defendant B notified the plaintiff of the termination of the contract without paying the monthly rent after August 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 1, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants are obliged to deliver the instant store to the Plaintiff, the owner of the instant store, and it is confirmed that the fees after the termination of the said lease agreement with respect to the instant store are the same amount. Therefore, the Defendants are obliged to pay the Plaintiff unjust enrichment equivalent to the amount of rent calculated at the rate of KRW 900,00 per month from July 3, 2018 to the date of loss of the Plaintiff’s ownership or the date of termination of the Defendants’ possession, as claimed by the Plaintiff.
In addition, due to the completion of the instant business report, the Plaintiff cannot make a new business report at the instant store.