beta
Text
1. The defendant,
A. To deliver the real estate listed in the separate sheet to the plaintiffs;
B. Plaintiffs A and B respectively KRW 4,800,000.
Reasons
1. The plaintiffs asserted that E has a duty to deliver the instant real estate to the plaintiffs and to pay the amount of unjust enrichment equivalent to the unpaid rent and the rent, even though they concluded a lease agreement with the defendant as to the real estate listed in the separate sheet (hereinafter "the instant real estate"), which is set forth in KRW 50,000,000, and KRW 4,000,000 per month, and the defendant terminated the said lease agreement on the grounds of delinquency in rent.
On the other hand, the defendant concluded a lease agreement with E as to the real estate of this case with a deposit of KRW 40,00,000, monthly rent of KRW 2,000,000. The defendant asserted that the plaintiffs' claim of this case cannot be accepted on the premise that the defendant would have to pay KRW 10,000,000 each month for the acquisition price by transfer from E who was operating a restaurant in the real estate of this case, and that E would pay KRW 2,00,000 each month for the acquisition price by transfer, and that the deposit under the above lease agreement would have been increased to KRW 10,000,000.
2. Determination
A. According to the evidence No. 1 of the judgment on the lease agreement concluded between the Defendant and E, it can be acknowledged that the Plaintiffs entered into a sales contract with E on July 11, 2015 with respect to the instant real estate, and that on July 13, 2015, Plaintiff A, B, and C completed the registration of transfer of 1/5 shares among the instant real estate on July 13, 2015. The fact that the Plaintiffs succeeded to the lease agreement on the instant real estate concluded between the Defendant and E is not a dispute between the parties, and thus, the issue of the instant case is what is the difference set forth in the lease agreement concluded between the Defendant and E.
With respect to the instant real estate, the Defendant and E shall use the deposit amount of KRW 50,00,00, KRW 4,000,000 per month, KRW 4,000 per month, and the period from September 10, 2014, which was determined from September 10, 2014 as the period from September 24, 2014, as the deposit amount of KRW 40,00,000, KRW 2,000 per month.