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1. Defendant B:
(a) deliver the real estate listed in the separate sheet;
(b) 2,173,806 Won and as regards this;
Reasons
1. Facts of recognition;
A. On October 30, 2017, the Plaintiff agreed to lease real estate listed in the separate sheet (hereinafter referred to as “instant apartment”) in its own possession with Defendant B, with a deposit of KRW 10,000,000, monthly rent of KRW 850,000 (the sixth day of each month in late payment), and the lease term of the instant apartment as of December 7, 2017 to December 6, 2019 (hereinafter referred to as “instant lease agreement”), and the Plaintiff received a deposit around that time and handed over the instant apartment to Defendant B.
B. The Plaintiff received the monthly rent of KRW 2,50,00,00, which is a parent of the Defendants, or in the name of Defendant B, from the monthly rent of KRW 850,000,00, which is paid to the Defendants, or from the Defendant B, until March 6, 2019, the Plaintiff was not paid KRW 2,550,000, which has reached the monthly rent of three-months until March 6, 2019, and the Plaintiff sent the “request for termination of apartment lease contract (three-year arrears) and the request for eviction” to the Defendant B by content-certified mail, and the mail verifying the above content was delivered to the Defendant C, who is the spouse of Defendant B, on March 27, 2019.
C. Defendant B occupies the instant apartment even after the fact.
On the other hand, around February 2020, the defendants agreed to pay the housing expense of KRW 302,00 per month, which is paid by the Incheon Seo-gu Office, to the plaintiff directly, and the above housing expense is directly paid to the plaintiff.
Accordingly, the amount of unjust enrichment equivalent to the monthly rent or monthly rent that Defendant B accrued until February 27, 2020 is the sum of KRW 3,125,806 (2,50,000 up to March 6, 2019 until March 6, 2019 to KRW 575,806 up to March 7, 2019) and KRW 9,048,00 (350,000 per day from March 28, 2019 to February 27, 2020).
(Calculation Method differs from the total sum of the unpaid monthly rent or unjust enrichment equivalent to the monthly rent until February 27, 2020. However, the plaintiff calculated it as above in a favorable manner to the defendant B, and accordingly, it is applicable). (e)
Defendant C.