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1. The Plaintiff:
(a) The Selection C shall deliver the real estate listed in the separate sheet No. 1, and from January 30, 2016, the said real estate.
Reasons
1. Facts of recognition;
A. On February 25, 2004, the Plaintiff entered into a lease agreement with the Appointor C (hereinafter “Defendant C”) on the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) as indicated in the separate sheet No. 30,000,000, monthly rent of KRW 1,80,000, monthly rent of KRW 1,80,000, and from February 27, 2004 to February 26, 2006 (hereinafter “instant lease agreement”).
B. Defendant C operated the printing business with the trade name called D upon delivery of the instant real estate, and the instant lease agreement has been renewed every two years thereafter.
B. The Defendant (Appointed Party; hereinafter “Defendant B”) transferred the real estate listed in the separate sheet No. 2 from Defendant C (the first floor, part of the instant real estate) from Defendant C to engage in printing business in the trade name of E, and uses the said part.
C. Defendant C paid the rent of 143 months up to now, and delayed the payment of rent for at least two months.
The Plaintiff notified Defendant C of his intention to terminate the instant lease agreement on the grounds of delinquency in rent, through the instant complaint, and the said warden reached January 11, 2017 to Defendant C.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 4 (including additional numbers), the purport of the whole pleadings
2. As seen earlier, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of intent to terminate the instant lease agreement, on the ground that the monthly rent for determining the cause of the claim was in arrears at least twice.
Therefore, barring special circumstances, Defendant C is obligated to deliver the instant real estate to the Plaintiff, and Defendant C is obligated to return the rent and unjust enrichment equivalent to the rent calculated by the rate of KRW 1,800,000 per month from January 30, 2016 to the completion date of delivery of the said real estate. Defendant B is obligated to withdraw from the instant real estate.
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