1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

On March 15, 2016, the Plaintiff leased, to Defendant B, approximately KRW 140 square meters (hereinafter referred to as “instant real estate”) of the total number of commercial buildings on the first floor, Daegubuk-gu E (hereinafter referred to as “instant building”) owned by the Plaintiff, as of March 15, 2016, KRW 10 million in lease deposit, KRW 1.2 million in rent, KRW 1.2 million in rent, and period of lease from April 1, 2016 to March 31, 2018.

(hereinafter “instant lease agreement”). Defendant B completed business registration under the name of F on December 28, 2015, and paid the lease deposit to the Plaintiff. From April 1, 2016, the instant real estate was handed over from the Plaintiff to the Plaintiff and operated the restaurant in the instant building along with Defendant D and C, the parent of the instant real estate.

The Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground of the delinquency in rent due to the delivery of a duplicate of the complaint of this case.

On the other hand, the Plaintiff sold the instant building to G, H, and I on December 22, 2017, and completed the registration of ownership transfer in the name of G, H, and I on February 12, 2018.

[Grounds for recognition] The Plaintiff’s assertion of the following facts: Gap’s evidence Nos. 1 through 5, 9 (including provisional number; hereinafter the same shall apply), Eul’s each statement and video as well as evidence Nos. 1, 2, 3, 5 through 9, and 12, and the purport of the entire pleadings was delayed for not less than two months since October 12, 2017. The Plaintiff terminated the instant lease agreement on the ground that the delivery of a copy of the instant complaint to the Defendant B was in arrears.

Therefore, the Defendants possessing the instant real estate are obliged to deliver the instant real estate to the Plaintiff, and Defendant B is obligated to pay to the Plaintiff unjust enrichment equivalent to the unpaid rent or rent from October 12, 2017 to the completion date of delivery of the instant real estate.

Judgment

Where the owner changes after the lessee of a commercial building has acquired the opposing power against a third party, the transferee succeeds to the status of the lessor as a matter of course, and Supreme Court Decision 203.3.22.