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1. The defendant
(a) deliver the stores listed in the separate sheet;
(b) KRW 7,000,000 and this shall be applied for:
Reasons
1. Facts of recognition;
A. On October 31, 1994, the Plaintiff received the award of the instant store and owned it up to now.
B. Around January 2004, the Plaintiff leased the instant store to Nonparty C, who is the head of the Defendant’s representative, at KRW 200,000 per month, and the said lease agreement was explicitly renewed and maintained.
C. On July 23, 2012, the Defendant opened the instant store, etc. and opened the business, and did not conclude a lease agreement with the Plaintiff on the instant store, but occupied and used the instant store from around that time to the present.
[Ground of Recognition] Facts without dispute, entries in Gap evidence 1, 2, and 6 (including each number), the video, and the purport of the whole pleadings
2. The assertion and judgment
A. Comprehensively taking account of the facts acknowledged in paragraph (1) of the determination as to the cause of the claim, the Defendant did not conclude a lease contract with the Plaintiff on the instant store, and there is no ground to deem that the Defendant lawfully acquired the existing lease contract on the instant store between C and the Plaintiff (the Defendant is also the person in the reply), and it is reasonable to deem that the Defendant occupied and used the instant store owned by the Plaintiff without a legitimate title. Therefore, barring any special circumstance, it is reasonable to calculate unjust enrichment based on the existing rent, barring special circumstances, for the period from January 2013 to November 2015, totaling KRW 7,000,000 [=35 months x 200,000 won [the amount of unjust enrichment on the basis of the existing rent in the instant case where the proof of unjust enrichment is insufficient).
[) As a result of unjust enrichment, damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 5, 2015 to the date of full payment on the record that is obviously the day following the delivery of a copy of the complaint of this case sought by the Plaintiff. From December 1, 2015 to the date of completion of delivery of the store of this case, 200,000 won per month after the above period.