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1. The defendant,
A. The building indicated in paragraph 1 of the attached list is handed over to Plaintiff A, and KRW 12,650,000 and November 1, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff A is the owner of the building listed in paragraph (1) of the attached Table 1 (hereinafter “instant building”) and the Plaintiff B is the owner of the building listed in paragraph (2) of the attached Table 2 (hereinafter “instant building”).
B. On August 31, 2016, Plaintiff A leased the instant building No. 1 to C during the period from October 31, 2016 to October 31, 2018, with a deposit of KRW 23,000,000, monthly rent of KRW 2,300,000 (excluding value-added tax, and payment after October 30, 2016).
Plaintiff
B leased the instant building No. 2 to the same company on the same day by setting the deposit amount of KRW 29,00,000, KRW 2,900,000 per month, and KRW 30,00 per month, and the period from October 31, 2016 to October 31, 2018.
C. On September 29, 2017, C transferred the status of tenant under each of the above lease agreements to D Co., Ltd., and the Plaintiffs concluded each lease agreement again with D Co., Ltd. on the same day.
At present, Plaintiff A was paid only up to May 2019, while Plaintiff B was paid up to July 2019.
E. From October 30, 2018, the Defendant occupied and used each of the instant buildings.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Gap evidence Nos. 5 and 6, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings
2. According to the determination as to the cause of the claim, the Defendant possessing each of the instant building shall transfer the instant building to the Plaintiff, who is the owner of the instant building, to KRW 12,650,00 (i.e., monthly rent of KRW 2,530,00 x five months from June 1, 2019 to October 1, 2019) and the unjust enrichment equivalent to the rent of KRW 2,530,00 from November 1, 2019 to the date the delivery of the instant building is completed. The Defendant shall transfer the instant building to the Plaintiff, who is the owner of the instant building, and return the instant building to the Plaintiff, KRW 9,570,00 (i.e., monthly rent of KRW 3,190,000 x from August 1, 2019 to October 10, 2019).