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1. The judgment of the court of first instance is modified as follows.
The defendant from the plaintiffs to 39,959,020 won from August 2, 2015.
Reasons
1. Basic facts
A. On March 4, 2013, the Defendant: (a) leased the instant store from E with the lease deposit of KRW 40,000,000; (b) monthly rent of KRW 1,300,000; and (c) the lease period of KRW 1,30,000; and (d) from March 15, 2013 to March 14, 2018 (hereinafter “instant lease agreement”); (c) around that time, the Defendant paid the said deposit to E; and (d) occupied and used the instant store by being handed over.
B. On May 13, 2013, the Plaintiffs decided to succeed to the lessor’s status while purchasing the instant building from E, and completed the registration of ownership transfer on July 15, 2013.
(Co-owned share A2/4, Plaintiff B, and C 1/4). C.
Since July 15, 2015, the Plaintiffs, who succeeded to the status of a lessor, did not receive a rent from the Defendant for three months from July 15, 2015, sent a notice to the Defendant on September 28, 2015, stating that the lease contract is terminated on the ground of the three-year grace period, as a content-proof mail, and that the said notice has reached the Defendant around that time.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3-1, 2, 4-1, 2, and 5-1 to 5-5, and the purport of the whole pleadings
2. According to the above facts of the judgment on the grounds of the claim, the lease agreement between the plaintiffs and the defendant was terminated due to the plaintiff's termination notice.
Therefore, the defendant is obligated to deliver the store of this case to the plaintiffs, barring special circumstances, and the unpaid rent and delay damages therefor, and the unjust enrichment due to the possession and use of the store of this case after the termination of the lease contract of this case.
Furthermore, with respect to the unpaid rent to the Plaintiffs, the Defendant is obligated to pay the Plaintiffs the rent of KRW 3,248,219 from July 15, 2013 to September 28, 2013, which is the termination date of the lease of this case (=1,30,000 x 12 month x 12 month x 76 days / 365 days, and converted forest below KRW 1; hereinafter the same shall apply) and damages for delay.
Next, the defendant's unjust enrichment amount to be returned to the plaintiffs.