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1. The Defendants are to the Plaintiff:
A. Of the first floor of the building listed in the attached list, indication 1, 2, 3, 4, 6, 7, 8, 1 of the attached list.
Reasons
1. Fact-finding;
A. On August 8, 2012, the Plaintiff leased (a) part of 146.5 square meters inboard (a), which connects each point of the attached drawing among the 1, 2, 3, 4, 6, 7, 8, and 1 in sequence among the 1st floor of the building listed in the attached list owned by the Plaintiff, to Defendant B, and the lease deposit was set up by the end of May 31, 2013 as KRW 1.5 million in lease deposit, KRW 3.5 million in monthly rent, KRW 5 million in management fee, monthly rent, and KRW 50 million in lease period.
The Plaintiff and Defendant B extended the term of lease by one year on May 31, 2015.
B. On August 8, 2012, the tenant column of the lease contract (No. 2) signed on August 8, 2012, the Defendant B indicated the “non-party 1” following the Defendant B’s address, and Defendant B affixed the seal only on his own name.
C. The Defendants are running a restaurant that prepares and sells the instant stores with the trade name of “D”.
Defendant C is registered as a joint business operator of Defendant B’s children on the business registration certificate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, purport of whole pleadings
2. The lease contract, which was concluded on August 8, 2012, on the ground of the Plaintiff’s claim, was terminated on May 31, 2015.
Defendant B is the lessee of the instant store, and Defendant C is the occupant of the instant store, and is obligated to deliver this to the Plaintiff, who is the lessor and the owner of the instant store.
In addition, the Defendants are obligated to pay to the Plaintiff the amount of unjust enrichment equivalent to the rent and management expenses calculated at the rate of KRW 4,000,000 per month from November 1, 2015 to the completion date of delivery.
(Plaintiff’s assertion on the Defendants’ assertion on July 30, 2015, although the Plaintiff sought unjust enrichment from July 30, 2015, it is recognized that the Defendants paid rent and management expenses up to October 2015, and thus, the Plaintiff’s claim on this part is accepted within the said recognition scope).
A. Five years have passed since a lease agreement was concluded on August 8, 2012 between the Plaintiff and the Defendants’ assertion.