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1. The defendant,
A. The 4th floor drawings are attached to the building indicated in the attached list, among the buildings indicated in the attached list, to the Plaintiff (Appointed Party), the Appointed Party C, and D.
Reasons
1. Basic facts
A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties are co-owners of No. 404 of the fourth floor (35 square meters; hereinafter “instant building”) indicated in the attached list, and the Plaintiff owns 238.83/190, and the designated parties own 875.7/1990 shares, respectively.
B. On April 29, 2014, the Plaintiff and the designated parties concluded a lease agreement with the Defendant on the condition that the lease deposit amount of KRW 20 million is KRW 1.6 million for the instant building, monthly rent of KRW 1.6 million (Additional tax of KRW 1.6 million), KRW 0 million for the balance of management expenses (Separate Tax of KRW 350,000 for each month), the lease term is from May 1, 2014 to April 30, 2016; the monthly rent and management fee shall be paid by the fifth day of the following month; and the unpaid arrears shall be paid by the fifth day of the following month. (hereinafter “instant lease agreement”).
C. The Plaintiff notified the Defendant of the termination of the instant lease agreement on February 5, 2015 on the grounds that the rent and management expenses were unpaid from October 2014 to January 2015.
As of June 30, 2015, the rent and management expenses unpaid by the defendant as of June 30, 2015 are KRW 21,450,000 (=2,145,000 per month x 10) for ten months (from July 2014 and October 2014 to June 2015).
[Ground of recognition] Facts without dispute, entry of Gap 1-5 and 7 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the facts of the judgment on the grounds of the claim, the instant lease contract was terminated by the Defendant’s delay of rent.
Therefore, the defendant ordered the plaintiff (appointed party), the appointed party C, and D to restore the building of this case, and as the unpaid rent and management fee from June 30, 2015 to June 30, 2015, the plaintiff (appointed party) was 2,574,026 won, the appointed party C, and D respectively, and as the plaintiff (appointed party), the damages for delay calculated at the rate of 15% per annum from August 15, 2015 to the day of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 15, 2015 to the day of full payment.