beta
Text
1. The Defendants are the Plaintiff, Yongsan-gu, Seoul, a ground block structure, a single-story house, and a toilet of 0.80 square meters.
Reasons
1. Around May 2003, the Plaintiff: (a) around May 2003, designated and leased to Defendant B a block structure and a single-story house of 48.97 square meters, and a toilet of 0.80 square meters (hereinafter “instant building”) owned by the Plaintiff as KRW 2.50,000 monthly rent.
(hereinafter “instant lease agreement”). Defendant B had resided in the instant building from around that time, and did not pay monthly rent from July 16, 2003.
Meanwhile, without the Plaintiff’s consent, Defendant B sub-leased the instant building to Defendant C and D, and Defendant C and D reside in the instant building.
The Plaintiff expressed his intent to terminate the instant lease agreement to the above Defendant on the grounds of the delay of rent by Defendant B, by serving the written complaint of this case.
[Based on recognition] Defendant B: A without dispute (the Plaintiff claimed that the monthly rent is KRW 500,000. The Defendant determined the monthly rent as KRW 2.50,000. However, there is insufficient evidence to acknowledge the fact that the monthly rent exceeds KRW 2.50,000,000. Therefore, Defendant C: (a) Defendant C: (b) the judgment of deemed confession (Article 208(3)2 of the Civil Procedure Act) by publication (Article 208(3)3 of the Civil Procedure Act).
2. Since the instant lease contract was lawfully terminated by the Plaintiff’s declaration of intent on the ground of the following two or more lease units of Defendant B, Defendant B is obligated to deliver the instant building to the Plaintiff and pay rent and unjust enrichment calculated by the ratio of KRW 250,000 per month from July 16, 2003 to the completion date of delivery of the instant building.
As seen earlier, the sub-lease contract of Defendant B, Defendant C, and D is terminated due to the termination of the instant lease agreement. As such, Defendant C and D, the sub-lessee of the instant building, are obligated to deliver the instant building to the Plaintiff.
3. Conclusions are the defendants.