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1. The Defendants are to the Plaintiff:
(a) deliver the real estate listed in the separate sheet;
(b) 11,400,000 won and November 15, 2018.
Reasons
1. Facts of recognition;
A. On February 24, 2016, the Plaintiff entered into a lease agreement with the Defendants as to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the amount of KRW 30,000,000, monthly rent of KRW 3600,000, and the term of the contract was from March 15, 2016 to March 15, 2018. At that time, the Plaintiff handed over the instant real estate to the Defendants.
B. After the expiration of the above lease term, the Plaintiff and the Defendants raised the lease deposit amount of KRW 50,00,000, monthly rent of KRW 4,100,000, respectively, and entered into a renewed lease agreement with the end of March 15, 2019. However, upon the request of the Defendants, the Plaintiff was paid only KRW 3,80,000 monthly rent.
C. The Defendants unpaid the amount of KRW 11,400,00 corresponding to the portion of KRW 11,40,000 for three months until October 15, 2018, and the Plaintiff filed the instant lawsuit on the ground that the lease contract was terminated due to overdue rent.
The Defendants completed business registration for the instant real estate in the name of Defendant B, and occupied and used the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings
2. According to the above facts of recognition, the lease agreement between the Plaintiff and the Defendants was terminated on December 31, 2018, when the complaint of this case, stating the Plaintiff’s intent to terminate, was served on the Defendants.
(1) The Defendants are obligated to deliver the instant real estate to the Plaintiff and return the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 3,800,000 per month from November 15, 2018 to October 15, 2018, as claimed by the Plaintiff, as well as the rent of KRW 11,400,000 per month from November 15, 2018 to the completion date of delivery of the instant real estate.
(2) The defendant is deemed to be a joint tenant and a joint occupant, but the plaintiff is not jointly and severally demanded to pay to the defendants, and therefore, the plaintiff is accordingly entitled.