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1. The Plaintiff:
A. Defendant C has ordered the real estate listed in the separate sheet;
B. Defendant D shall be recorded in the attached list.
Reasons
1. The Plaintiff, on September 30, 2010, leased real estate listed in the separate sheet owned by Defendant C and the Plaintiff (hereinafter “instant building”) at KRW 20 million as lease deposit, the lease period between September 30, 2010, and the rent at KRW 3.5 million each month.
Defendant C paid a lease deposit to the Plaintiff and received delivery of the instant building from the Plaintiff and carried on the instant building as “E” with Defendant D, who is an infant.
Defendant C did not pay a monthly rent from December 2010 to December, 2010, and it did not pay a total of KRW 40,149,000 as of March 31, 2018.
The Plaintiff finally notified Defendant C of the termination of the lease agreement as of February 15, 2018, on the grounds of the delinquency in paying two or more rents.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3 (including each number), the purport of the whole pleadings]
2. Determination on the claim
A. According to the above facts, since the lease contract on the building of this case was lawfully terminated by Defendant C’s notice of termination of the contract on the ground of delinquency in payment of rent, Defendant C is obligated to order the building of this case to the Plaintiff. From April 1, 2018 to April 1, 2018, Defendant C shall pay the Plaintiff the amount of unjust enrichment equivalent to 3.5 million won each month from April 1, 2018 to the completion date of the designation of the building of this case, and as requested by the Plaintiff, 40,149,000 won in arrears and damages for delay calculated at the rate of 15% per annum from October 4, 2018 to the completion date of payment.
In addition, Defendant D, who occupies the building of this case, has the duty to leave the building of this case.
B. Furthermore, the Plaintiff sought reimbursement of overdue rent and unjust enrichment equivalent to the rent in collaboration with Defendant C, so long as there is no evidence to deem that Defendant D was a joint lessee or a joint lessee or jointly with Defendant C to pay rent, this part of the claim against Defendant D.