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1. The defendant shall receive 130,000,000 won from the plaintiff (appointed parties) and the appointed parties at the same time.
Reasons
Attached Form
On October 6, 1995, the building listed in the list (hereinafter referred to as "the building of this case") was registered in the name of C, Plaintiff (Appointed Party) and eight other persons.
[A] On December 7, 1998, C and the Plaintiff (Appointed Party) on behalf of the owner of the building of this case set lease deposit amounting to KRW 130 million on the part (A) in the ship (hereinafter “instant store”) with each point of the indication 1, 2, 5, 6, and 1 in the attached Form No. 1, 2, 2, 5, 6, and 1 in sequence among the first floor of the building of this case and leased to the Defendant as from December 7, 1998 the lease deposit amounting to KRW 120,00,000,000,000 for monthly rent and KRW 60,000,000 for December 7, 1998.
[1] In addition, in order to secure the above security deposit, C and A set up a collateral with respect to their share on December 7, 1998 and December 19, 1998, a sum of the maximum debt amount of KRW 130 million in the future of the defendant.
[A] The lease term has been implicitly renewed by both parties.
After concluding a lease contract, until February 28, 2018, the Defendant paid the lessor a total of KRW 700,000,000 for monthly rent and management expenses each month.
[3] On the other hand, C died on November 10, 2003, and D was solely inherited by the wife as all children renounced inheritance.
[A] 6, 7] The plaintiff (appointed party) and the designated parties (hereinafter collectively referred to as "the plaintiff") are currently owners of the building of this case.
[A] On July 1, 2009, the Plaintiff concluded a lease agreement with the Defendant setting the lease term as one year with respect to the instant store, and thereafter extended the lease term by implied renewal. On January 13, 2007, the Plaintiff notified the Defendant of the refusal to renew the lease term with content certification. Thus, the instant lease agreement was terminated as of June 30, 2017, and the Defendant should order the Plaintiff to order the instant store.
First, a lease contract was concluded between the Plaintiff and the Defendant as of December 7, 1998 with respect to the instant store, and thereafter the lease was made by implied renewal.