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1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.
2. Defendant B from January 1, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On September 6, 2011, the Plaintiff entered into a lease agreement with Defendant B and the Plaintiff, which set forth a lease deposit of KRW 100 million, KRW 5,500,00 (including value-added tax) per month, and from October 1, 2011 to September 30, 201, and handed over the said building to Defendant B.
B. On September 30, 2014, the Plaintiff decided to extend the said lease agreement with Defendant B from September 30, 2014 to 36 months, and decided to pay in full up the unpaid rent of KRW 11.2 million up to that time.
C. Defendant B sub-leases the above building to Defendant C on June 2015, and Defendant C and D currently occupy the above building.
Defendant B did not pay the Plaintiff the rent after January 1, 2015.
E. The Plaintiff and Defendant B stipulated that “If the lessee fails to pay the rent for at least two months (monthly rent), the lessor may terminate the lease contract.”
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination
A. The fact that Defendant B was unable to pay two or more rents to the Plaintiff is as seen above, and it is apparent that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the said lease on the grounds of unpaid rent of Defendant B, was served on Defendant B on December 5, 2015, and the said lease contract was terminated on or around December 5, 2015.
I would like to say.
Therefore, the Defendants are obligated to deliver the said building to the Plaintiff, and Defendant B is obligated to pay to the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated as KRW 5,500,000, monthly from January 1, 2015 to the completion date of delivery of the said building.
B. Defendant B entered into a sub-lease contract with Defendant C, D through the Plaintiff’s introduction, and Defendant C, as the sub-lessee, did not pay the balance of the deposit, rent, and sublease to Defendant B at all. However, such circumstance is concerned.