Text
1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.
2. The Plaintiff:
A. Defendant D.
Reasons
Facts of recognition
On March 30, 2010, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant store”) owned by the Plaintiff between Defendant D and Defendant D, with a deposit of KRW 20 million, rent of KRW 1.2 million, lease of KRW 1.2 million, and lease period from April 1, 201 to March 31, 201.
Defendant D and its words, Defendant E’s wife, Defendant E’s wife, and Defendant E transferred all the rights of lease and goodwill to Defendant E’s obligee around December 201 without the Plaintiff’s permission, while operating a restaurant at the instant store, and around December 3, 201, G transferred this to Defendant B and C again.
Since Defendant B registered his business on December 14, 201 and operated a general restaurant at the instant store, Defendant B is running a restaurant business with Defendant C, his mother.
As of December 3, 2011, the Plaintiff entered into a lease agreement with Defendant B, setting a deposit of KRW 20 million, KRW 1.3 million, and KRW 1.3 million. The Plaintiff’s signature and seal stated in the above lease agreement were forged by G.
Accordingly, on January 17, 2014, the Plaintiff received a written statement from Defendant D and E that the Plaintiff waives all rights to the instant store, such as deposit and premium, on the ground that the right to lease was transferred without permission for the said store.
In addition, on July 4, 2014, the Plaintiff illegally occupied the instant store to Defendant C, and accordingly, sent a certificate of content to deliver the instant store and seek the payment of unjust enrichment equivalent to the occupation, and around that time, the said certificate reached Defendant C.
On the other hand, Defendant B and C paid to the Plaintiff the difference from December 2, 2011 to July 2013, 201, by means of transferring the difference to Defendant E’s account in the name of Defendant E’s wife. The F re-paid the difference to the Plaintiff.
[Ground of recognition] without any dispute, Gap 1 through 4, Eul 1, 5, Eul 1, Eul 1, witness H's testimony and pleading.