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1. The defendant,
A. To deliver the real estate listed in the separate sheet to the plaintiffs;
B. Plaintiff A, 10,730,000, and Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiffs are co-owners of the real estate listed in the separate sheet (hereinafter “instant building”) and co-ownership shares are Plaintiff A3/9 shares, Plaintiff B, C, and D, respectively.
B. On November 30, 2015, the Plaintiffs entered into a lease agreement with the Defendant for the lease deposit of KRW 37 million, monthly rent of KRW 407 million, and one-year lease period of the instant building (hereinafter “instant lease agreement”), and leased the instant building to the Defendant.
C. From December 2015 to June 30, 2017, the Defendant delayed payment of KRW 69,190,000 as of June 30, 201.
Accordingly, the Plaintiffs terminated the instant lease contract by serving a duplicate of the instant complaint.
[Ground for recognition] Unsatisfy
2. According to the above facts finding as to the cause of the claim, since the instant lease contract has been terminated upon termination, the Defendant is obligated to deliver the instant building to the Plaintiffs, and to pay the unjust enrichment calculated at the ratio of the Plaintiffs’ respective co-ownership shares, calculated by deducting the remainder of KRW 32,190,000 from the overdue rent of KRW 69,190,000 until June 30, 2017, the lease deposit of KRW 37,000,000, and the monthly rent of KRW 4,070 from July 1, 2017 to the completion date of delivery of the instant building.
In addition, according to the share ratio of the plaintiffs, the remaining overdue charge of KRW 32,190,00 is divided into KRW 10,730,00 won (=32,190,00 won x 3/9), Plaintiff B, C, and D 7,153,33 won (=32,190,00 won x 2/9). If the remaining overdue charge is divided into KRW 4,070,000 per month of the rent amounting to KRW 4,070,00, then Plaintiff A1,356,666 won (=4,070,000 won x 3/9), Plaintiff B, C, and D 904,444 won (=4,070,000 won x 2/9).
3. In conclusion, the Defendant delivers the instant building to the Plaintiffs, and pays the Plaintiff 10,730,000 won in arrears to the Plaintiff, and pays the Plaintiff 7,153,33 won, each of which is calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 30, 2017 to the date of complete payment, and the Defendant shall pay the Plaintiff 15% interest per annum from July 1, 2017.