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1. The Plaintiff:
A. Defendant B is on the ground of the real estate indicated in Section 1 of the annexed Table (i).
Reasons
1. Facts of recognition;
A. On November 5, 2015, the Plaintiff entered into a lease agreement with Defendant B by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 1 million, and period from November 6, 2015 to November 6, 2017 with respect to (a) part of the building without permission, which connects each point of 1,2,3,4, and 1 on the ground of the real estate indicated in the attached Table No. 2 (a) of the “mark on the land” as indicated in the attached Table No. 1, which is located on the ground of the real estate indicated in the attached Table No. 2 (a).
B. The above A.
According to the article 3 and 4 of the lease contract entered in the port, if the lessee subleases the real estate without the consent of the lessor, the lessor can cancel the lease contract immediately.
C. Defendant B did not pay rent from July 6, 2015, and sublet the instant building to Defendant C without the Plaintiff’s consent.
The Plaintiff rescinded the above lease contract on the instant building on the ground that Defendant B’s delinquency in rent and sub-lease without the lessor’s consent.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts, as the lease contract between the Plaintiff and the Defendant B concluded on the instant building was terminated, Defendant B is obligated to deliver the instant building to the Plaintiff, pay the unpaid rent, and return unjust enrichment equivalent to the rent from the date of delivery of the instant building.
She argued to the effect that Defendant B paid all the unpaid rents after the filing of the instant lawsuit, but there is no evidence to acknowledge it, and this part of the argument cannot be accepted.
B. Judgment by deeming the confession of claim against Defendant C (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
3. According to the conclusion, Defendant B transferred the instant building to the Plaintiff, and Defendant B transferred the instant building from April 6, 2017 to April 6, 201, the unpaid rent of KRW 9 million (one million per month x nine months) and from April 7, 2017.