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1. The Defendants jointly deliver to the Plaintiff the real estate listed in the attached Table 1 list.
2. Defendant B and Defendant B.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to the descriptions of evidence Nos. 1 through 4, the Plaintiff’s real estate indicated in the real estate list Nos. 1 and 1 (hereinafter “instant real estate”) on May 22, 2017 (hereinafter “instant real estate”).
(2) As to the instant lease agreement (hereinafter referred to as “instant lease agreement”), the monthly rent of KRW 2.8 million is set at KRW 50 million from May 22, 2017 to May 21, 2020, and the monthly rent of KRW 2.8 million (in addition, additional payment shall be made at KRW 30,000,000 per annum 12% per annum in arrears) and a lease agreement (hereinafter referred to as “instant lease agreement”).
(2) The following facts are established: (a) Defendant B and C, a joint lessee of the instant lease agreement, sub-leaseed the instant real estate to Defendant D without permission; (b) Defendant D was discovered when engaging in illegal sexual traffic in the instant real estate; (c) Defendant B and C were in arrears as indicated in the instant lease agreement; and (d) the Plaintiff notified the Defendants of the termination of the instant lease agreement on September 17, 2018.
2. Determination
A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on September 1, 2018, and thus, the Defendants are obligated to jointly deliver the said real estate to the Plaintiff as a result of restitution or exclusion of interference with the Plaintiff’s ownership of the instant real estate. Defendant B and C, who is the party to the instant lease agreement, are obligated to jointly deliver the said real estate to the Plaintiff. The Defendants are obligated to pay the interest calculated at the rate of KRW 35,650,029 for the agreed interest calculated at the rate of 12% per annum with respect to unpaid rent and unpaid rent, 33,960,000, such as the attached Form 2, 35,650,029 and the amount of interest for delay calculated at the rate of KRW 3080,00 per annum from May 1, 2019 to the completion date of delivery of the instant real estate.
B. As to the assertion by Defendant D, Defendant D acquired the right of lease under the instant lease agreement from Defendant C and B, and Defendant D paid the said Defendants.