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1. Defendant B:
(a) deliver the buildings listed in the separate sheet;
B. From March 20, 2015, the above 1-A.
Reasons
1. Facts of recognition;
A. On February 14, 2012, Defendant B entered into a lease agreement with E with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) from the deposit amount of KRW 20,000,000, monthly rent of KRW 1,500,000, and the term of lease from February 20, 2012 to February 20, 2013.
B. The instant lease agreement was implicitly renewed until March 2015, and Defendant B was in arrears from March 2015.
C. On November 11, 2015, E expressed its intent to terminate the instant lease by content-certified mail, and around that time, the said declaration of intent reached Defendant B.
The Plaintiff purchased the instant real estate from E on December 10, 2015, and completed the registration of ownership transfer on the said real estate on the 28th of the same month.
E. As of the closing date of pleadings, the instant real estate is occupied and used by Defendant D, the father of Defendant B.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 2, Gap evidence 3-5, Gap evidence 6, the purport of the whole pleadings
2. According to the above facts of determination, it is reasonable to view that the instant lease contract was lawfully terminated on November 11, 2015, which was around the time when the declaration of intention was delivered to Defendant B upon the declaration of intention to terminate the lease agreement of Defendant B on the grounds of delinquency in rent.
Therefore, Defendant B is obligated to deliver the instant real estate as restitution following the termination of the instant lease agreement to the Plaintiff, and to pay the rent or unjust enrichment equivalent to the rent of KRW 1,500,000 per month from March 20, 2015, which began not to pay the rent from March 20, 2015 to the completion date of delivery of the said real estate. Defendant D is obligated to withdraw from the said real estate.
3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.