연체차임등청구의 소
1. Defendant C and Defendant D Co., Ltd. (Counterclaim Plaintiff) partnership jointly with the Plaintiff (Counterclaim Defendant) and Plaintiff B, respectively, 45,110.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On November 16, 2015, the Plaintiffs completed the registration of transfer of shares on November 16, 2015 with respect to four-story neighborhood living facilities (hereinafter “instant building”) of the steel structure sloping roof on the ground and the steel structure in Mapo-gu Seoul Mapo-gu, Seoul, for the purchase and sale on August 10, 2015.
B. On February 20, 2017, in order to use the instant building for the restaurant business of Defendant C Co., Ltd., Defendant D Co., Ltd., (hereinafter collectively referred to as “instant commercial building”), Defendant D Co., Ltd leased monthly rent (excluding value-added tax) from the Plaintiffs on March 2017, April, and May, 2017; 3,250,000 won for June 2017; 4,000,000 won for July 2017; and 4,70,000,000 won for August 2017; and 4,700,000 won for August 1, 2017 and 4,70,000 won for value-added tax for August 20, 2017; and 1,200,000 won for value-added tax for March 1, 201 and 20,000 won for the period of February 3, 2017.
(hereinafter “instant lease agreement”). After that, Defendant C, with the consent of the Plaintiffs on March 1, 2017, operated a restaurant where food and alcoholic beverages are sold after leasing the instant commercial building from Defendant D Association.
C. On May 9, 2018, the Plaintiffs may terminate the instant lease agreement on the grounds of the delinquency in payment of rent for at least three years to Defendant D Association.
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After that, the Plaintiffs did not receive a proper rent from the Defendants. On October 18, 2018, the Plaintiffs agreed to the instant lease agreement with Defendant D Association and received delivery of the instant commercial building from the Defendants.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, Gap evidence 4 and the purport of whole pleadings
2. Judgment on the plaintiffs' main claim
A. The gist of the plaintiffs' assertion is that the lease contract of this case is terminated by agreement.