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1. The Defendant against the Plaintiff (Appointed Party) and the Appointed C:
(a) deliver the real estate listed in the separate sheet;
B. July 2017
Reasons
1. Facts of recognition;
A. On May 10, 2016, D decided to pay in advance the deposit amount of KRW 10,000,000 per month from E, the owner of the instant real estate on behalf of the Defendant (hereinafter “instant real estate”) and KRW 1,00,000 per month on the 25th day of each month. The term of existence was determined from May 25, 2016 to May 24, 2018, and the Defendant completed the move-in report as the said real estate in 2016 and occupied and used it.
B. On June 13, 2017, E sells to the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointed C (hereinafter collectively referred to as “Plaintiff, etc.”) one half of the total share of the instant real estate and the site ownership at KRW 280,000,000,000 in total, and the same year.
7. 21. Accordingly, the registration of ownership transfer was completed, but the Defendant did not pay the Plaintiff, etc. thereafter.
C. On April 30, 2018, the Plaintiff et al. sent to the Defendant a written application for modification of the purport of the instant claim and the cause of the claim, stating that the lease contract is terminated due to the Defendant’s failure to pay two or more rents.
[Ground of recognition] Facts without any dispute, obvious in records, Gap 1-4, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the plaintiff et al. succeeded to the status of the lessor against the defendant E, and the above lease agreement was lawfully terminated.
Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff, etc. and pay the amount of unjust enrichment equivalent to the rent or rent in proportion to the rate of KRW 500,000 per month from July 21, 2017 to the delivery date of the above real estate.
B. The judgment of the defendant's assertion is that the defendant can enjoy the real estate in this case at a bar, enter a bar with a long view of shocking, water leakage is also possible, and the male son's noise from the upper floor is serious.