1. The Plaintiff:

A. Defendant B shall display 1, 2, 3, 4, 5, 1 of the attached Form No. 1, 2, 3, 4, 5, 1 of the first floor of the building listed in the attached list.

On June 23, 2015, the Plaintiff leased the part of the store listed in paragraph (1) of the Plaintiff’s sharing order (hereinafter “instant store”) to Defendant B, who borrowed D’s name, for the period from July 15, 2015 to 12 months from the lease deposit, the lease deposit amount of KRW 15 million, the rent month of KRW 1320,000 (including value-added tax, separate management expenses), and the lease period of KRW 15,00,000 from July 15, 2015.

On November 1, 2015, the Plaintiff leased the instant store to Defendant C, a child of Defendant B, under the same conditions, with the lease term from November 1, 2015 to December 12, 2015.

As of August 1, 2016, the rent and management expenses in arrears by Defendant C are 12,937,910 won in total.

On July 5, 2016, the Plaintiff notified Defendant B of the termination of the lease agreement on the grounds of delinquency in rent, etc.

At present, Defendant B currently uses and benefits from the instant store as a restaurant.

[Reasons for Recognition] Inasmuch as there is no dispute, Gap 1, 46, and 7 were written in each of Gap 1, 46, and 7 (including the number of pages), Gap 5-1 to 3, the entire purport of the pleading, and the defendants were not delinquent for not less than 3 times, the plaintiff may terminate the lease contract.

(Article 10-8 of the Commercial Building Lease Protection Act). The Plaintiff’s declaration of termination reached the Defendants (it can be deemed that the Plaintiff expressed his/her intention of termination through the delivery of a copy of the complaint of this case). The lease agreement was lawfully terminated.

Therefore, Defendant B is obligated to deliver the instant store to the Plaintiff as co-owner, and to pay unjust enrichment equivalent to the rent of KRW 1,320,000 per month from September 3, 2016 to the completion date of the delivery of a copy of the instant complaint sought by the Plaintiff, which is clear from September 3, 2016 to September 3, 2016.

Defendant C is obligated to pay to the Plaintiff 12,937,910 won and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 3, 2016 to the date of full payment.

The defendants' assertion is judged.