Text
1. The Plaintiff:
A. The Defendants deliver the real estate listed in the separate sheet;
B. The defendants are jointly and severally liable for 16,264.
Reasons
1. Facts of recognition;
A. On November 30, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendants, with the lease term of KRW 24 months from December 10, 2017, KRW 3,000,000, monthly rent of KRW 250,000, etc.
(hereinafter “instant lease agreement”). (b)
After the conclusion of the above lease contract, the Defendants did not pay monthly rent and management expenses until now since the first payment of monthly rent and management expenses until now, and the unpaid monthly rent of KRW 4,50,00 (from January 10, 2018 to July 9, 2019), management expenses of KRW 1,764,292 (from December 16, 2019 to June 2019), total of KRW 6,264,292.
C. On July 10, 2019, the Plaintiff submitted an application for amendment of the purport of the claim on July 10, 2019, and sought delivery of the instant real estate against the Defendants, and the said written application is written.
7. 25. The service was made to the Defendants.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. According to the allegations and the facts of the above recognition, the Defendants did not pay monthly rent and management expenses to the Plaintiff after the conclusion of the instant lease agreement, and thereafter, the instant lease agreement was terminated upon delivery to the Defendants of the application for modification of the purport of the claim on July 10, 2019, which included the Plaintiff’s declaration of intent to terminate the lease agreement on July 25, 2019.
Therefore, barring any special circumstance, the Defendants are jointly and severally liable to deliver the instant real estate to the Plaintiff, and jointly and severally pay the amount of unpaid monthly rent, management expenses, totaling 6,264,292 won, and damages for delay calculated at the rate of 12% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from July 26, 2019 to the date of full payment, following the service of the application for modification of the above purport of the claim, and the amount of unjust enrichment equivalent to the rent calculated at the rate of 250,000 won per month from July 10, 2019 to the date of completion of delivery of the said real estate.
As to this, the Defendants leased the instant real estate, and did not pay it.