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1. The Defendants deliver to the Plaintiff the real estate indicated in the “Real Estate Indication” attached to the Plaintiff.
2. Defendant C shall be the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 17, 2014, the Plaintiff, as a co-owner of co-ownership of the real estate indicated in [Attachment]’s “Real Estate Indication” (hereinafter “instant building”), leased the said real estate to Defendant D with a fixed period of 10,000,000 won for deposit money, 70,000 won for monthly rent, and 24 months for lease.
(hereinafter “instant lease agreement”). B.
On January 17, 2016, the Plaintiff and Defendant D agreed to extend the term of the instant lease agreement to January 27, 2019, and to change the monthly rent to KRW 800,000. On October 2017, an agreement was concluded between the Plaintiff and the Defendants to change the lessee into Defendant C under the instant lease agreement.
C. From October 27, 2017 to April 26, 2018, Defendant C delayed the payment of rent for six months, and the Plaintiff notified Defendant C of the termination of the instant lease agreement on May 2, 2018, and the said termination notice reached around May 8, 2018.
On the other hand, the Defendants were operating main points in the instant building from the conclusion of the instant lease agreement to the present date, and occupied the said building.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination as to the claim
A. According to the above facts as to the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated around May 8, 2018, when Defendant C’s notice of termination was delivered to the said Defendant due to the delinquency in the rent of the Plaintiff. Thus, Defendant C and Defendant D, the lessee of the instant building, are obligated to deliver the instant building to the Plaintiff. Under the instant lease agreement, Defendant C, the lessee, is obligated to return the rent in arrears and unjust enrichment equivalent to the rent in arrears to the Plaintiff until the completion of delivery of the instant building.
However, as acknowledged earlier, the lessee under the instant lease agreement between the Plaintiff and the Defendants around October 2017 is Defendant C from Defendant D to Defendant C.