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1. The Plaintiff:
A. Defendant B delivers a building listed in the attached list, and is on the 2,221,00 won and the 15 June 15, 2016.
Reasons
1. Determination on the cause of the claim
A. (1) On October 17, 2015, the Plaintiff entered into a lease agreement with Defendant B on the following terms: (a) the building listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) (hereinafter “instant real estate”) with Defendant B: (a) KRW 10 million; (b) KRW 530,000,000 per month; (c) the lease term from November 15, 2015 to November 14, 2017; (d) the lease agreement with the Plaintiff to lease the instant real estate (hereinafter “instant lease agreement”); and (e) the Defendant B received the instant real estate from the Plaintiff and resided there at around that time.
(2) At the time of the conclusion of the above lease agreement, when the amount of the rent in arrears by the lessee reaches the three-term rent, the lessor may immediately terminate the contract. Defendant B paid the Plaintiff KRW 959,000 out of the total rent in December 2, 2015 and January 2, 2016, and did not pay the rent in February 2016.
(3) On April 18, 2016, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground that the deferred amount of rent reaches three-year rents by content-certified mail.
(4) The Defendants are occupying and using the instant real estate until now.
[Ground of Recognition] between the plaintiff and the defendant B: A without dispute, each entry of Gap 1 through 5, the purport of the whole pleadings, and between the plaintiff and the defendant C: Confession (Article 150 (1) of the Civil Procedure Act)
B. (1) The fact that the copy of the complaint of this case, which contains the Plaintiff’s declaration of termination, was delivered on May 23, 2016 to Defendant B on the grounds of delinquency in payment of more than three times of the judgment on the delivery and withdrawal claim against the Defendants, is apparent. Therefore, the instant lease agreement was lawfully terminated due to the foregoing Defendant’s delay in rent.
Therefore, Defendant B transferred the instant real estate to the Plaintiff, barring special circumstances, and Defendant C has the duty to withdraw from the instant real estate.
(2) Return of overdue rent and unjust enrichment to Defendant B.