A. On June 2015, Nonparty D Co., Ltd (hereinafter referred to as “Nonindicted Company D”) entered into a lease agreement with the Defendants on the real estate listed in the separate sheet (hereinafter referred to as “instant store”) with the term of KRW 50,000,000, monthly rent of KRW 957,000 (including value-added tax) and the term of lease from June 3, 2015 to June 2, 2020 (hereinafter referred to as “the instant lease agreement”).

B. The Plaintiff purchased the instant store from the Nonparty Company and completed the registration of ownership transfer on February 23, 2016, and succeeded to the lessor’s status under the instant lease agreement.

C. The Defendants paid the monthly rent from the instant real estate to May 31, 2017 and did not pay the monthly rent thereafter.

The Plaintiff requested the Defendants to pay monthly rent several times, but the Defendants refused to do so and notified the Defendants of the termination of the instant lease agreement on March 30, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 2, Gap 3-1, 2, and 3-3, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the termination notice by the Plaintiff was terminated due to the Defendant’s delinquency in payment of rent under the instant lease agreement, the Defendant was obligated to order the Defendant to clarify the instant real estate at the same time with the payment of KRW 35,645,00 (Deposit 50,000,000 - 14,355,000 monthly rent in sealed green x 15 months from June 1, 2017 to August 31, 2018) of the remainder of lease deposit (Deposit 975,000,000) from the Plaintiff, and at the same time, the Nonparty Company, the lessor of the instant real estate prior to the revocation of the lease agreement due to fraud, was clearly and seriously defective in the process of obtaining the authorization of the amusement park project implementation plan from the Gwangju High Court on February 4, 2016.