부동산 인도청구등 청구의 소
1. The defendant is against the plaintiffs:
(a) deliver the real estate and facilities listed in the separate sheet;
(b) 41,719,177 Won and 2019.
1. Basic facts
A. On December 22, 2015, D (hereinafter referred to as “the deceased”) signed a lease agreement (hereinafter referred to as “instant lease agreement”) with Nonparty E Co., Ltd. (hereinafter referred to as “E”) on KRW 100 million, monthly rent of KRW 9 million, monthly rent of KRW 100,000 (in addition to 10% of value-added tax and payment on the first day of each month), and the term of lease from December 22, 2015 to November 15, 2019 (five years).
B. On February 24, 2017, E received delivery of the instant real estate, etc. under the said lease agreement, and operated the gas station, and transferred the claim for refund of KRW 100 million under the instant lease agreement to Nonparty F Co., Ltd. (hereinafter “F”), which is the business partner, to Nonparty F Co., Ltd. (hereinafter “F”), and F notified the Deceased of the transfer of the said claim on March 16, 2017.
C. After the death of the deceased, the Plaintiffs completed the registration of ownership transfer on the instant real estate due to testamentary gift on March 4, 2018 (the Plaintiff and B owned 1/2 shares each), and succeeded to the lessor’s status under the instant lease agreement.
On May 6, 2018, the Plaintiffs, E, and the Defendant agreed to comprehensively succeed to the lessee status of the instant lease agreement (hereinafter “instant agreement”), and on the same day, the Plaintiffs and the Defendant drafted a lease agreement again. The content is the same as that of the existing lease agreement.
At the time, E did not pay to the Plaintiffs a monthly rent under the instant lease agreement.
E. However, even though the Defendant occupied and used the instant real estate since the instant agreement, it did not fully pay the Plaintiffs the rent under the instant lease agreement.
F. Accordingly, on September 3, 2018, Plaintiff A did not pay the Defendant the rent for four months on behalf of the Plaintiffs, and did not pay the rent for five months until September 14, 2018.