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1. The plaintiff
A. The Defendants are listed in the separate sheet No. 1, No. 2, No. 3, No. 4, and No. 1 among the 1st floor of the building listed in the separate sheet No. 1.
Reasons
1. Basic facts
A. The Plaintiff is the owner of 1/2 shares in the part shop in the ship connecting each point of the annexed drawings 1, 2, 3, 4, and 1 among the 1st floor of the building listed in the annexed Table 1 list in the real estate registration injury (hereinafter “each of the instant stores”).
B. On March 30, 2010, the Plaintiff leased each of the instant stores to D, but concluded a lease agreement with Defendant B, the husband of D, on March 30, 2012, setting the lease amount of KRW 24 months from the delivery date of the lease term (til March 20, 2012) and KRW 15 million from the lease deposit, and KRW 3 million from monthly rent (hereinafter “lease”).
C. Meanwhile, Defendant C obtained delivery of each of the instant stores from D and possessed each of the instant stores until now.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-1 and 2-2, the purport of the whole pleadings
2. According to the above basic facts, Gap evidence Nos. 3-1 through 5, and the purport of the whole pleadings, the lease contract of this case was implicitly renewed, and thereafter, it seems that defendant B did not pay the monthly rent to the plaintiff, and it would have reached three years of delay. Since the plaintiff's declaration of termination of the lease contract of this case on the ground of the rent delay reached the defendant B by the delivery of the copy of the complaint of this case, barring any special circumstance, the lease of this case was lawfully terminated, barring special circumstances.
On the other hand, according to the above facts, Gap evidence 2-2, and the purport of the whole pleadings, defendant C obtained unjust enrichment equivalent to the rent during the possession period by occupying each of the stores of this case owned by the plaintiff. Accordingly, the plaintiff suffered losses to the extent of the part corresponding to the plaintiff's share among the stores of this case. The amount equivalent to the rent due to the possession and use of each of the stores of this case at least 98,630 won per day = three million won per month under the lease agreement of this case concerning each of the stores of this case.