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1. The defendant is against the plaintiffs:
(a) deliver the real estate listed in the separate sheet;
(b)21,329,462 won and as regards them;
Reasons
1. Facts of recognition;
A. On August 2, 2018, the Plaintiffs entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant building”) with a deposit of KRW 50 million, monthly rent of KRW 320,000,000 (excluding value-added tax), from July 9, 2018 to July 8, 2020, and from July 9, 2018 to July 8, 2020, and delivered the instant building.
B. From October 2018 to April 8, 2019, the Defendant was not paid to the Plaintiffs as a sum of KRW 21,329,462 (including overdue charge).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The instant contract was lawfully terminated upon the delivery to the Defendant of a copy of the complaint containing the declaration of intent to terminate the instant contract on the basis of a tea at least three occasions of determination.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiffs, and pay interest at a rate of 12% per annum from April 18, 2019 to the date following the day of the delivery of a copy of the instant complaint at the request of the Plaintiffs, as requested by the Plaintiffs, to return the rent or unjust enrichment equivalent to the rent calculated at the rate of 3.520,00 won per month from April 9, 2019 to the day of delivery of the instant building.
3. The plaintiffs' claim is justified, and it is so decided as per Disposition with the assent of all participating Justices.