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1. The Defendants are classified into the Plaintiff, among the three floors of the building listed in the separate sheet No. 1, 2, 3, 6, and 1.
Reasons
1. Basic facts
A. On January 2, 2015, the Plaintiff entered into a lease agreement with Defendant B, setting forth a deposit of KRW 50 million, monthly rent of KRW 3.9 million, management expenses (excluding separate value-added tax), and from December 18, 2014 to December 18, 2015, on the third floor of the attached building, which is owned by the Plaintiff, with the lease of KRW 161.98 square meters (hereinafter referred to as the “leased building” in the following order:
B. Around that time, Defendant B paid a security deposit to the Plaintiff, and Defendant B received and used the instant leased building from December 18, 2014, which was prior to the preparation of the contract.
C. At the time of the lease agreement, the Plaintiff and Defendant B agreed to calculate the rent as of the earlier date between the contract date and the actual date of use, and Defendant B paid only the rent and management fee for the first month (from December 18, 2014 to January 17, 2015).
Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) occupied and used the instant leased building as Defendant B.
E. On April 2, 2015, the Plaintiff sent a certificate to urge Defendant B to pay rent, and on May 11, 2015, the Plaintiff sent a certificate to the effect that the lease contract is terminated, but the Defendant B did not receive.
[Reasons for Recognition] Defendant B: Evidence Nos. 1 and 2, Evidence No. 4-1, 2, and evidence No. 5, Defendant Company’s overall purport of pleading: Confession
2. Determination
A. According to the facts found by the Defendants’ duty to deliver a building, the lease contract between the Plaintiff and the Defendant B was lawfully terminated on January 21, 2016, which was delivered by the Plaintiff to the Defendant B, and thus, the Defendant B is obligated to return the instant leased building to the Plaintiff.
Since the Defendant Company without title occupies the instant leased building, it is obligated to return it to the Plaintiff as the owner.
B. The Plaintiff unpaid rent, etc. due to Defendant B’s unpaid rent, etc. from January 1, 2015 to August 18, 2015, is the rent 29,564.