Text
1. The Plaintiff:
A. The Defendants deliver the real estate listed in the separate sheet;
B. Defendant B shall enter in the separate sheet.
Reasons
1. On January 4, 2016, with respect to each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant stores”), the Plaintiff entered into a lease agreement with the Defendants on January 4, 2016 (hereinafter “instant lease agreement”) between January 4, 2016 and January 3, 2016, and the term of the lease agreement between January 4, 2016 to January 3, 2018. Accordingly, the Defendants were to have delivered the instant building to the Defendants around that time. Further, the Plaintiff entered the lease agreement into between the Plaintiff and the Defendants on May 23, 2016 as the registration office of the Daegu District Court on May 23, 2016 with respect to each of the instant stores as follows: (a) the period of lease agreement between the Defendants was KRW 50 million, KRW 45 million, and KRW 3500,000,000,000,000,000).
According to the above facts, the instant lease agreement terminated on January 3, 2018, and thus, the Defendants are obligated to deliver each of the instant stores to the Plaintiff, and Defendant B is obligated to implement the registration procedure for cancellation of the instant lease on a deposit basis to the Plaintiff.
In addition, even after the termination of the instant lease agreement, the Defendants are obliged to obtain the benefits of use by occupying and using each of the instant stores until the date of delivery and to return the same amount to the Plaintiff as unjust enrichment.
In ordinary cases, the amount of profit from the possession and use of real estate is equivalent to the rent of such real estate. The fact that the monthly salary of each of the stores of this case was 3850,000 won around January 3, 2018 when the lease contract of this case was terminated is as seen earlier, and thereafter, the rent is also paid.