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1. The Defendants:
A. Of the two floors of the building listed in the attached list, the indication of drawings in the attached Form 1, 2, 3, 4, 5, 6, 7, 1.
Reasons
1. Facts of recognition;
A. The Plaintiffs were co-owners of 201 square meters of stores on board (hereinafter “instant store”) connecting each point in order of the indication 1, 2, 3, 4, 5, 6, 7, and 1 of the annexed drawings among the two floors of the building indicated in the annexed list, and leased (hereinafter “instant lease agreement”) to the Defendants by setting the lease deposit of 10,000,000 won on July 23, 2010, monthly rent of 60,000 won, monthly management fee of 30,000 won.
B. Upon the Defendants’ delinquency in paying two or more rents and management expenses, Defendant C prepared a written statement on June 16, 2014 that the instant store will be delivered to the Plaintiffs in the event that the overdue rent is not paid by June 30, 2014. The Plaintiffs terminated the instant lease agreement by serving a duplicate of the instant complaint.
On April 26, 2015, the rental fee and management fee that the Defendants did not pay as of April 26, 2015 are KRW 11,610,000 after deducting deposit KRW 10,000.
C. The Defendants currently occupy the instant store.
[Based on the recognition] Defendant C: (a) deemed confession under Article 150(3) of the Civil Procedure Act; (b) Defendant EcoCC: The absence of dispute; (c) each entry in the evidence Nos. 1 through 3 (including the serial number); and (d) the purport of the whole pleadings
2. According to the above facts of recognition, this case's lease contract was terminated by the defendants' rent delay. Thus, the defendants are obligated to deliver this case's store to the plaintiffs.
In addition, despite the termination of the instant lease agreement, the Defendants are obliged to obtain unfair profit equivalent to the rent without any legal grounds and thereby, to inflict damages on the Plaintiffs. Therefore, the Defendants are jointly and severally obligated to pay the Plaintiffs the unpaid rent and management fee KRW 11,610,000 and the rent and management fee that are calculated at the rate of KRW 600,000 per month from April 27, 2015 to the delivery date of the instant store.
3. The conclusion is that the plaintiff's defendants.