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1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. Defendant B shall pay to the Plaintiff KRW 1,000,000.
Reasons
1. Basic facts
A. On April 2, 2015, the Plaintiff leased, to Defendant B, the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by it, KRW 10 million, monthly rent of KRW 1.2 million, and the term of lease from April 2, 2015 to April 1, 2017 (hereinafter “instant lease agreement”), and handed over the instant real estate on the same day.
B. On April 2, 2015, Defendant B paid 5 million won, which is part of the instant lease deposit, to the Plaintiff on April 2, 2015, and did not pay the remainder of 5 million won, and the rent under the instant lease agreement was not paid at all.
C. The Plaintiff expressed in the instant complaint the intent to terminate the instant lease agreement on the ground that the overdue charge for Defendant B’s rent reaches two months, and the duplicate of the instant complaint was served on Defendant B on September 2, 2015.
As the president of Defendant B and his president, Defendant C, who actually operates a store in the instant real estate, occupies and uses the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the facts of the above recognition of the claim against Defendant B, the instant lease agreement was lawfully terminated on September 2, 2015 and terminated on September 2, 2015.
Therefore, barring any special circumstance, Defendant B is obligated to deliver the instant real estate to the Plaintiff and return unjust enrichment at the rate of KRW 1,200,000,000, which remains after deducting five million from the lease deposit already paid by Defendant B from April 2, 2015 to September 1, 2015 (i.e., KRW 1.2 million per month x 5 months) and from the remainder after deducting from the lease deposit already paid by Defendant B, and from September 2, 2015 to September 2, 2015.
B. According to the above facts of claim recognition against Defendant C, Defendant C who occupies the instant real estate, barring any special circumstance, is the owner of the instant real estate.