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1. The Plaintiff:
(a) Defendant B shall be subject to indication 1, 2, 3, 4 and 1 of the annexed drawings among the geographical strata of the real estate listed in the annexed list.
Reasons
1. Facts of recognition;
A. On December 15, 1993, the Plaintiff leased part of (a) section 106.67m2 (hereinafter “the building in this case”) connected each point of Section 1,2, 3, 4 and 106.67m2 (hereinafter “the building in this case”) among the sub-storys of the real estate listed in the separate sheet owned by him 1/2 shares, for a period of two years from December 30, 1993, the deposit amount of KRW 3 million, KRW 600,000 (payment on December 30, 1993), and the period of December 30, 1993.
B. Defendant B paid a security deposit for lease and received the instant building delivery at that time, and thereafter occupied and used the instant building until now through the renewal of the contract.
C. However, as of August 30, 2016, Defendant B did not pay the difference of KRW 1,9120,000 ( approximately KRW 31 months).
The rent has increased from KRW 600,000 per month to KRW 740,00 per month, and has been adjusted again from March 2014 to KRW 600,00 per month.
The Plaintiff, through the instant complaint, expressed his intention to terminate the lease agreement with Defendant B on the grounds of the delinquency in rent of Defendant B, and the duplicate of the instant complaint was served on Defendant B on August 26, 2016.
On the other hand, Defendant C, as the wife of Defendant B, has registered the instant building under the name of “D” from November 1, 1992 and used the instant building together with Defendant B.
[Ground of recognition] Facts without dispute, obvious facts in records, Gap 1-5 evidence (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts, since the lease contract between the Plaintiff and the Defendant B was lawfully terminated, Defendant B is obligated to deliver the instant building to the Plaintiff and return it to the Plaintiff, as the Plaintiff seeks, and Defendant C shall leave the instant building as requested by the Plaintiff. The Defendants jointly have the obligation to jointly pay the Plaintiff the rent or unjust enrichment equivalent to the amount of delayed rent or rent 1,9120,000 won and the amount of 600,000 won per month from September 1, 2016 to the delivery date of the instant building.
B. The Defendants had three years elapsed since the filing date of the instant lawsuit.