1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Basic Facts

D On January 26, 2016, with respect to the real estate listed in the separate sheet owned by the Defendant and himself (hereinafter “instant real estate”), D entered into a lease agreement with the Defendant for a deposit of KRW 5,00,000, monthly rent of KRW 500,000, and the lease term of KRW 24 months from February 2, 2016 (hereinafter “instant lease agreement”), and delivered the instant real estate to the Defendant.

The defendant occupies and uses the real estate of this case as a household household store from around that time.

The Plaintiffs purchased the entire building including the instant real estate from D on April 14, 2017 at KRW 1.266 billion, and completed the registration of ownership transfer on May 25, 2017.

Article 4 of the instant lease agreement provides that “When a lessee fails to pay a rent for at least three consecutive periods, the lessor may immediately terminate the contract.”

From June 2016, the Defendant delayed the payment of rent under the instant lease agreement.

Accordingly, on May 8, 2017, D sent to the Defendant a certificate of content that “The instant lease was terminated due to the Defendant’s delayed delay, and thus, D returned the instant real estate by May 10, 2017.”

[Ground of recognition] In light of the facts without dispute, Gap's statements, Gap's 1, 2, 3, 5 evidence, and the ground for determining the whole purport of the pleadings, the above facts of recognition as to the ground for determining the whole purport of the pleadings were duly terminated due to the lessor D's termination notification made on May 8, 2017, and the plaintiffs acquired ownership by purchasing the real estate of this case from D thereafter.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and return the overdue rent or the unjust enrichment of the leased party, calculated at the rate of KRW 250,000 per month from June 2, 2016 to the completion date of delivery of the instant real estate.