건물명도
1. The Defendants jointly order the Plaintiff to order the real estate listed in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
1. Facts of recognition;
A. On December 24, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) stipulating that real estate listed in the separate sheet (hereinafter “instant real estate”) shall be leased to the Defendant for 30,000,000, monthly rent of KRW 950,000, monthly rent of KRW 950,000, and the lease period from January 23, 2014 to January 23, 2016 (hereinafter “instant lease agreement”).
B. After having received the instant real estate on January 23, 2014, the Defendant Company paid the aggregate of KRW 950,000,000 each month on seven occasions, the monthly rent of the instant lease agreement from August 23, 2014 to that of the date.
C. Defendant B, C, D, E, F, and G (hereinafter “Defendant B, etc.”) occupy the instant real estate without any contract with the Plaintiff.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings
2. According to the above facts of recognition, the defendant company did not pay more than two vehicles, and since the term of the instant lease agreement expires, the defendant company is obligated to order the plaintiff to issue an order to the real estate of this case.
Furthermore, Defendant B, etc. occupied the instant real estate without permission, and thus, Defendant B, etc. is obligated to order the Plaintiff to clarify the instant real estate.
In addition, the defendants bear the obligation to pay for the same performance independently, and the obligation of all debtors is extinguished due to the performance by one of them. Therefore, the defendants' obligation to explain is in a non-joint and several relationship.
As to this, Defendant G alleged to the effect that it sub-leases the instant real estate from the Defendant Company with the Plaintiff’s approval, but there is no evidence to acknowledge it. Therefore, the above assertion is without merit.
Furthermore, Defendant C occupied the instant real estate with the approval of the Defendant Company, and the Plaintiff also.