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1. The Defendant’s real estate from 100,000,000 to 15, 2017, as stated in the separate sheet from the Plaintiffs.
Reasons
1. Facts of recognition;
A. On April 12, 2017, the Plaintiffs concluded a lease agreement with the Defendant to lease real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit of KRW 100 million, KRW 4.8 million per month, and the period from April 15, 2017 to April 14, 2019 (hereinafter “instant lease agreement”).
B. From September 15, 2017, the Defendant did not pay the Plaintiffs rent.
C. On September 14, 2018, the Plaintiffs sent to the Defendant a content-certified mail to the effect that the instant lease contract is terminated on the grounds of the monthly unpaid rent, which was served on the Defendant around that time.
The defendant currently occupies and uses the real estate of this case.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the lease contract of this case was lawfully terminated by the service of content-certified mail on the ground of the defendant's delinquency in rent of more than two years. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiffs.
However, the defendant's duty to deliver the real estate of this case is a simultaneous performance relationship with the obligation to return the remaining money to the defendant after deducting the unpaid rent or unjust enrichment equivalent to the rent from KRW 100 million as the plaintiffs are the plaintiffs.
Since the Defendant did not pay rent from September 15, 2017, and the fact that it currently occupies and uses the instant real estate is as seen earlier, the Defendant is obligated to receive from the Plaintiffs the remainder of the amount calculated by deducting the amount of rent from KRW 100 million to KRW 4.8 million per month from September 15, 2017 to the completion date of delivery of the instant real estate, and at the same time to deliver the instant real estate to the Plaintiffs.
B. The defendant.