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1. The defendant shall deliver the real estate listed in the separate sheet from KRW 9,519,970 from the plaintiffs to February 10, 2020.
Reasons
1. The Plaintiffs, on July 2014, leased the real estate indicated in the attached Table to the Defendant as KRW 10 million, monthly rent of KRW 650,000,000, and the term of lease from July 10, 2014 to July 10, 2016. After the renewal of the lease, the Plaintiffs agreed to lease the real estate as indicated in the attached Table as KRW 10,000,000 from February 10, 2019 to August 9, 2019.
However, on July 2019, 2019, prior to the expiration date of the lease term, the Plaintiffs were notified of the termination of the lease on or before July 11, 2019, with the delay of the Defendant’s two or more vehicles, and the Plaintiffs came to the Defendant on or before July 15, 2019, stating that “The termination of the lease shall not be renewed any longer because the overdue amount falls short of two vehicles and is notified of the termination of the lease as of July 11, 2019.”
On August 9, 2019, the lease term has expired.
[Ground of recognition] set forth in Gap evidence 1 to 5 (including paper numbers)
2. According to the judgment, the above lease was terminated on July 15, 2019 when the notification of the termination of the lease was received by the plaintiffs on the grounds of the defendant's delinquency in rent of more than two years, and the lease was terminated on August 9, 2019.
Therefore, the defendant is obligated to pay unjust enrichment equivalent to the rent from possession from February 10, 2020 (the amount obtained by deducting the amount of unjust enrichment equivalent to KRW 480,030,000, which has been overdue from the plaintiffs (the lease deposit of KRW 10,000) and from February 10, 2020 (the defendant is obligated to pay unjust enrichment equivalent to the rent from possession after the termination of the lease). Accordingly, the defendant paid KRW 6 million to the plaintiffs on February 10, 2020, and accordingly, the amount of unjust enrichment equivalent to the rent from February 10, 2020 to the completion of delivery of real estate listed in the attached list is due to the obligation to receive money from the plaintiffs after deducting the amount of unjust enrichment equivalent to KRW 750,00,000 from the rent from February 10, 200, and deliver real estate listed in the attached list to the plaintiffs. Thus, the plaintiffs' claim shall be accepted.