1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Basic Facts

The lease contract and its progress between the Plaintiff and C are co-owners of the Mapo-gu Seoul Metropolitan Government D and I building located in Mapo-gu (hereinafter “instant lease building”), and the Plaintiff was delegated by all other co-owners with authority concerning the lease, use, and management of each of the above buildings.

On November 30, 2013, the Plaintiff entered into a contract with C to provide that part of the instant leased building shall be KRW 100 million (excluding value-added tax), KRW 11 million per month, and the lease term shall be from November 30, 2013 to November 29, 2015. In the event of the lessee’s default on rent, the Plaintiff entered into a lease agreement with C by stipulating that the lessor may terminate the lease agreement without prior notice (hereinafter “instant lease agreement”).

C Only KRW 70 million out of the lease deposit shall be paid to the Plaintiff, and the remainder of KRW 30 million shall not be paid to the Plaintiff.

C After the conclusion of the instant lease agreement, C jointly occupied the instant leased building with J and operated a restaurant in the name of “K”.

C was in arrears from the beginning of the instant lease agreement, and the rent from June 2014 to the present date was unpaid, and the Plaintiff notified C of the termination of the instant lease agreement on the grounds of the delinquency in rent from April 3, 2014 to June 2014 on several occasions, including July 3, 2014 and July 17, 2014.

On December 2, 2015, the Plaintiff received from other co-owners of the instant leased building all rights, such as a claim for return of unjust enrichment or a claim for damage from C and J due to the termination of the instant lease agreement, and a claim for compensation for delay thereof, and on behalf of the Plaintiff, notified C and J of the fact of transfer.

On September 11, 2014, the Plaintiff filed a claim against C and J for the delivery of the instant leased building and the return of unjust enrichment equivalent to the rent, as Seoul Western District Court Decision 2014Gadan239528, and the said court on May 20, 2015, upon receipt of the Plaintiff’s notice of termination, the instant lease agreement was concluded around July 2014.