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1. The Plaintiff:
A. The Defendants deliver the buildings listed in the attached Form;
B. Defendant C is the above building from January 14, 2015.
Reasons
1. Facts recognized;
A. On November 14, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, setting a deposit of KRW 10 million, KRW 1210,000 per month, and period from November 14, 2014 to 60 months (hereinafter “instant lease agreement”).
B. Defendant C did not pay the rent from January 14, 2015. For this reason, the duplicate of the complaint of this case, stating the intent to terminate the instant lease agreement, reached September 18, 2015 to Defendant C.
C. Around March 2, 2015, Defendant Company (hereinafter “Defendant Company”) completed its business registration and occupies the instant building after completing its business registration.
[Ground of recognition] Evidence Nos. 1, 4, and 6, the purport of the whole pleadings
2. Determination
A. (1) According to the above findings, the instant lease agreement was lawfully terminated on September 18, 2015 according to the Plaintiff’s declaration of termination.
Therefore, barring special circumstances, the Defendants are obligated to deliver the instant building to the Plaintiff, a lessor and owner.
In addition, Defendant C is obligated to pay the rent or unjust enrichment equivalent to the rent calculated at the rate of KRW 1210,000 per month from January 14, 2015 to the completion date of delivery of the building of this case. Defendant C jointly with Defendant C, is obligated to pay the unjust enrichment equivalent to the rent calculated at the rate of KRW 1210,00 per month from September 19, 2015 to the completion date of delivery of the building of this case.
(2) As to the period from January 14, 2015 to September 18, 2015, which was the termination date of the instant lease agreement, the Plaintiff filed a claim for payment of unjust enrichment equivalent to the rent jointly with the Defendant C. However, until the instant lease agreement is terminated, the Plaintiff did not have a claim for rent against the lessee and did not incur any damage within the said limit.