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1. The Plaintiff:
(a) Defendant B delivers 4 and 5 floors of the real estate listed in the separate sheet No. 1;
(b) Defendant C, D, E, F, G;
Reasons
1. Recognizing facts (whether the Defendant does not clearly dispute);
A. On December 7, 2017, the Plaintiff acquired the ownership of the instant building, and transferred the ownership to Z due to the trust on the same day, but acquired the ownership again on December 30, 2019.
B. Defendant Y leased the fourth and fifth floors of the instant building in 2010. In 2017, the Plaintiff formed a lease relationship with the Plaintiff as the lessor and Defendant Y as the lessee with respect to the fourth and fifth floors by acquiring and trusting the ownership of the instant building.
C. Although the above lease has expired on April 30, 2018, DefendantY still uses and benefits from the fourth and fifth floors of the instant building through sub-lease.
The above lease was KRW 50,00,000, KRW 3,960,00 per month, and KRW 3,960,00 (including value-added tax). The management expenses were paid at actual expenses.
From May 2018, the Plaintiff is receiving management expenses of KRW 3,500 from the lessee of the building in this case.
E. Defendant B occupies the fourth and fifth floors of the instant building. Defendant C, D, E, F, G, H, I, J, K, K, L, M, N, P, Q, Q, S, T, U, V, W, W, and X occupy the remainder of each room other than each part of the instant 4 and fifth floors of the instant building.
2. Determination
A. Defendant B is obligated to deliver the fourth and fifth floors of the instant building to the Plaintiff.
B. Defendant C, D, E, F, G, H, I, J, K, L, M, M, N, P, Q, Q, R, T, U,V, W, and X are obligated to hand over each of the remaining parts of the room except each of the parts on the 4th and the 5th floor of the instant building to the Plaintiff.
C. Defendant Y is obligated to pay to the Plaintiff unjust enrichment equivalent to rent and management expenses until the completion date of delivery of the fourth and fifth floor of the instant building after the termination of the said lease.
The plaintiff is already defendant YB.