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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 273,314,00 and KRW 74,426,301 among them.
Reasons
1. Basic facts
A. The status of the party is that the Plaintiff is the sectional owner of a certain store of Songpa-gu Seoul Metropolitan Government D Ground Building (hereinafter “instant commercial building”). The main business is the management, operation, etc. of the instant commercial building. The Defendants are those who leased part of the first floor of the instant commercial building and operated the bath bath.
B. Around August 4, 1999, the Plaintiff and the Defendants entered into a lease agreement with the Plaintiff on the lease deposit deposit deposit amounting to approximately KRW 350,000,000 among the first floor underground of the instant commercial building (hereinafter “instant bath”) and the lease period of KRW 11,00,000,000 for monthly rent (including management fees after deducting taxes and public imposts), and the lease period of KRW 5 years from December 20, 199 to December 19, (hereinafter “the instant lease agreement”).
Since then, the Plaintiff and the Defendants increased the monthly rent of KRW 14,00,000 instead of reducing the rental deposit to KRW 550,000,000, and around November 2002, the Plaintiff and the monthly rent of KRW 13,000,000 (i.e., KRW 3,000,000 for the increased portion due to the reduction of the rental deposit of KRW 2,50,000 for the bath bath of KRW 2,00,000 for the monthly rent of KRW 2,50,000 for the depreciation cost of KRW 5,50,000 for the bath bath of KRW 2,50,00 for the monthly rent of KRW
The Defendants paid 550,000,000 won to the Plaintiff, and began the bath business on the first floor of the commercial building of this case from January 2000.
C. The part leased by the Plaintiff to the Defendants is composed of 62 stores in total. Among them, the part owned by the Plaintiff included ① the part under which the Plaintiff entered into a lease contract with other sectional owners (hereinafter “A”), ② the part leased by the Plaintiff from other sectional owners (hereinafter “B”), and ③ the portion occupied without any title by the Plaintiff without any title (hereinafter “C part”).
Accordingly, the decision of the first instance court is made by three sectional owners, 10 of the sectional owners, and 11 of the sectional owners.