2. The plaintiff (appointed)'s claim is dismissed.

3. The total cost of the lawsuit shall be individually counted.

A. The Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiff, etc.”) are co-owners of the building indicated in the attached Form (hereinafter “instant building”).

B. On April 9, 2015, the Plaintiff, etc. entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms that deposit is KRW 70,00,000 for the instant building, KRW 3,520,00 for the following month, KRW 3,520 for the rental period (including value-added tax), and from May 3, 2015 to May 3, 2016 for the lease period (hereinafter “instant lease agreement”).

C. The Defendant did not pay the following as from September 3, 2015 after the delivery of the instant building.

Plaintiff

On October 19, 2016, the defendant expressed his/her intention to terminate the lease contract on the ground of the delinquency in rent.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. Since the instant lease agreement asserted by the Plaintiff (Appointed Party) terminated on the grounds of the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant building to the Plaintiff, etc. and pay the Plaintiff, etc. the rent calculated in proportion to KRW 1,760,000 each month from May 3, 2015 to the delivery of the said building.

B. In full view of the purport of the entire pleadings as to Gap evidence Nos. 4 and 6’s claim for the delivery of a building, the defendant may recognize the fact that the building of this case was delivered to the plaintiff et al. on November 23, 2016. Thus, the defendant cannot accept the plaintiff’s claim under the premise that the defendant occupied the real estate as of the date of closing argument in the trial.

The Plaintiff (Appointed Party) asserted to the effect that there existed the office of the Defendant in the instant building even after November 23, 2016. However, according to the aforementioned evidence, the Plaintiff, etc. and the Defendant renounced the office of the Plaintiff, etc. remaining in the instant building and agreed to handle it at will, and the Plaintiff, etc., voluntarily delivered the instant building on November 23, 2016 to the Defendant around February 1, 2017.