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1. The Plaintiff:
A. The Defendants deliver the second floor of 154.5 square meters among the real estate listed in the attached list;
B. Defendant B shall be 3,340.
Reasons
1. Determination as to the cause of claim
A. In full view of the facts acknowledged as Gap evidence Nos. 1 and 3 and the fact inquiry report to the chief of the Nansan Police Station of this court, the following facts can be acknowledged and there is no counter-proof.
(1) On May 21, 2016, the Plaintiff leased the second floor of 154.5 square meters (hereinafter “instant real estate”) among the real estate listed in the attached list owned by the Plaintiff to Defendant B, with the rental deposit of KRW 5.7 million, monthly rent of KRW 1.4 million, monthly management fee of KRW 30,000,000, monthly management fee of KRW 30,000,000, and the lease period
(2) From January 31, 2017, Defendant B unpaid the sum of the rent and management fee of KRW 480,000 and KRW 2.86,00 (1.430,00 won) from February 1, 2017 to March 31, 2017, and did not pay rent and management fee even thereafter.
(3) The instant real estate is currently owned by Defendant C.
B. According to the above facts of recognition, the above lease agreement between the Plaintiff and the Defendant B on the instant real estate was lawfully terminated due to the delivery of a preparatory document dated May 15, 2017 to the same Defendant, which included the declaration of termination on the grounds of not less than three of the same Defendant’s failure to pay rent.
Therefore, barring special circumstances, the same defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay unjust enrichment calculated by the ratio of 1430,000 won per month (1,400,000 won) from April 1, 2017 to the completion date of delivery of the real estate of this case, which is the day following the date of calculating the rent and management fee for the month unpaid until March 31, 2017, which is the period calculated by the plaintiff.
I would like to say.
(2) In addition, Defendant C is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, unless it proves the right to possess the instant real estate.
2. As to the Defendant B’s assertion, the Defendant B, as to this issue.