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1. The Defendants shall deliver to each Plaintiff the real estate indicated in the separate sheet.
2. The costs of lawsuit are assessed against the Defendants.
3.
Reasons
1. Facts of recognition;
A. On August 29, 2011, the Plaintiff: (a) leased to Defendant B real estate listed in the separate sheet (hereinafter “instant building”) the lease deposit amount of KRW 10 million; (b) monthly rent of KRW 664,00 (excluding value-added tax); and (c) the lease period of KRW 664,00 (excluding value-added tax); and (d) on August 29, 2011, the lessor agreed that if Defendant B was in arrears for more than three months, the lease contract of this case may be terminated; and (d) around that time, the Plaintiff handed over the instant building to the Defendant B.
B. However, from December 2014, Defendant B delayed the payment of monthly rent, and the Plaintiff expressed his intent to terminate the instant lease contract by serving a duplicate of the instant complaint on the Plaintiff.
C. Defendant C and D jointly occupied the instant building while jointly operating the wedding business in the instant building with Defendant B.
[Ground for Recognition] Defendant B: The purport of the entire pleadings and statements as to the confession (Article 150(3) and (1) of the Civil Procedure Act) by Defendant C and D
2. Determination
A. According to the above facts, since the lease contract of this case was terminated lawfully by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to the delinquency in rent, Defendant B, as the lessee, is obligated to deliver the building of this case to the Plaintiff, who is the owner of the building of this case, as the lessee, Defendant C and D as the co-owner of the building of this case.
B. As to the determination of Defendant C and D’s assertion, Defendant C and D asserted to the effect that the wedding business became a deficit due to the smooth operation of Defendant B’s business, and that Defendant B would be paid monthly rent after withdrawing from the joint business place. However, as seen earlier, as long as the instant lease contract was lawfully terminated due to the Plaintiff’s declaration of termination due to the lessee’s delayed payment of rent, the Plaintiff’s claim for delivery cannot be rejected solely on the ground of the aforementioned reasons asserted by Defendant C and D.