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1. For the plaintiffs:
A. The Defendants deliver the real estate listed in the separate sheet;
B. Defendant C Co., Ltd. shall be on April 2017.
Reasons
1. Facts of recognition;
A. On August 12, 2011, the Plaintiffs entered into a lease agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) on the real estate listed in the separate sheet (hereinafter “instant building”) with a deposit of KRW 20 million, monthly rent of KRW 220,000,000, and the term of lease from August 19, 201 to August 18, 2013. At the time, the Plaintiffs and the Defendant C entered into an agreement that “it shall not be sold, sold or leased to a third party.”
B. On August 18, 2013, the Plaintiffs extended the term of the lease from August 19, 2013 to August 18, 2015 while renewal of the above lease agreement with Defendant C, and reduced the term of the lease from KRW 2 million per month to KRW 2 million.
(hereinafter referred to as “instant lease contract”). (C) The renewed lease contract is called “instant lease contract.”
Defendant C subleased the instant building to Defendant D without the consent of the Plaintiffs.
On April 12, 2016, the Plaintiffs sent to Defendant C a content-certified mail to the effect that the instant lease contract is terminated on the grounds of the aforementioned unauthorized lease.
[Basis for recognition] The plaintiff and defendant C: Each entry of Gap evidence Nos. 1 through 3 (including paper numbers, hereinafter the same shall apply), Gap evidence No. 6, the purport of the whole pleadings and defendant D: Confession
2. According to the facts of the above recognition, it is reasonable to view that the instant lease agreement concluded between the plaintiffs and the defendant C was terminated due to the violation of the contract by the defendant C. Thus, the defendants are obligated to deliver the instant building to the plaintiffs, and the defendant C is obligated to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 2 million per month from April 1, 2017 to the completion date of delivery of the instant building, as requested by the plaintiff.
3. According to the conclusion, the plaintiffs' claim of this case against the defendants is accepted on the grounds of merit, and it is so decided as per Disposition.