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1. The Plaintiff:
A. Defendant C and D shall indicate the attached drawing among the real estate 1st floor 252.26 square meters listed in the attached list, 1, 2, 3, and 3.
Reasons
1. Facts of recognition;
A. On April 26, 2007, the Plaintiff leased to Defendant C a deposit of KRW 20 million, monthly rent of KRW 2,700,000 (excluding value-added tax), and the lease period of KRW 2,70,00 (excluding value-added tax), from May 1, 2017 to April 30, 202, with the indication of the attached drawing among the real estate 1st floor of 252.26 square meters in the real estate indicated in the attached list.
In addition, the tax and public charges, such as management expenses of KRW 100,00 (excluding value-added tax), electricity fees, and water fees, were borne by Defendant C.
(hereinafter “instant lease agreement”). B.
Defendant C, along with Defendant D, operated the restaurant in the instant leased area. From November 2017, Defendant C did not pay monthly rent, etc., and on October 4, 2018, the Plaintiff notified Defendant C of the termination of the instant lease agreement on the ground of delinquency in rent, etc., which reached the Defendant C around that time.
C. Meanwhile, Defendant C’s monthly rent, public charge, etc. that Defendant C did not pay to the Plaintiff is the aggregate of KRW 9,951,884 as of November 23, 2018, and Defendant C and Defendant D continued to operate a restaurant in the leased part of this case until now.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (if available, including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the fact that Defendant C and D claims were duly terminated by the Plaintiff’s declaration of termination on October 4, 2018, since the annual amount of rent reaches three-dimensional rents at the time when the Plaintiff notified the termination of the lease agreement.
Therefore, Defendant C and D have the duty to deliver the leased part of this case to the Plaintiff, and Defendant C is the day following the delivery date of a copy of the complaint of this case, as sought by the Plaintiff, as the sum of unpaid monthly rent, etc. and unjust enrichment of KRW 9,951,84 until November 23, 2018.