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1.The judgment of the first instance shall be modified as follows:
The defendant shall enter the plaintiff (appointed party) in the attached list.
Reasons
1. Basic facts
A. On May 2, 199, the Defendant concluded a lease contract with E to lease the underground floor (hereinafter “base floor”) of KRW 5 million with respect to the instant building, KRW 450,000,000, monthly rent, and the lease term from May 2, 199 to May 2, 200. On November 26, 2001, the Defendant leased the lease deposit with respect to the fourth floor (hereinafter “fourth floor”) of the instant building with respect to KRW 4 million with respect to the lease deposit, KRW 150,000,000, monthly rent, and KRW 12 months from the delivery date, respectively, and thereafter, transferred the lease deposit with the Defendant around KRW 505,00,000 without the lease deposit with respect to KRW 20,50,000,000,000 from the instant building (hereinafter “the above lease deposit”) to the Defendant on February 28, 2006.
C. On May 27, 2012, E: (a) died on May 27, 2012 (hereinafter “E”); (b) the Selection C and D, the deceased’s spouse, succeeded to the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 8, the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is that the Defendant delivers the Plaintiff the underground floor and the fourth floor to the Plaintiff, and that the Plaintiff and the designated parties are obliged to pay the Plaintiff the unjust enrichment of the rent from the rent to the 6.5 million won per share of inheritance, calculated by the ratio of the total rent for the underground floor up to October 2012 and the unpaid rent for the second and fourth floors to the total amount of KRW 59,960,000, and delay damages therefor, as well as the delayed payment damages therefor, from November 1, 2012 to the completion of delivery of the underground floor and the fourth floor.
3. The portion of the claim for unjust enrichment equivalent to the rent for the second floor is that the Defendant occupied and used the second floor by acquiring a right of lease from F with respect to the second floor, but the Plaintiff did not consent to the transfer of the above right of lease. Therefore, the Defendant, from September 15, 2009 to March 15, 2013, calculated by adding a sum of KRW 14,700,000 (i.e., KRW 350,000 per month x 42 months) and damages for delay.