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1. The Defendants shall deliver to the Plaintiff the 97.20 square meters of the real estate listed in the attached Table No. 1 of the attached Table.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the building listed in attached Table 1 (hereinafter “instant building”).
B. On June 29, 2009, Defendant B’s wife D entered into a lease agreement between the Plaintiff and the Plaintiff on the condition that the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1700,000, monthly rent of KRW 1700,000, and the term of the lease from June 30, 2009 to June 30, 2010, and the lease was renewed while operating a restaurant at the instant store.
C. On June 28, 2017, Defendant B agreed to succeed to the status of D’s lessee under the lease agreement stated in the preceding paragraph, and entered into a lease agreement between the Plaintiff and Defendant B with respect to the instant store (hereinafter “instant lease agreement”). The lease agreement between the Plaintiff and Defendant B, the lease deposit amount of KRW 40 million, the monthly rent of KRW 1.8 million, and the term of the lease from June 30, 2017 to June 29, 2019 (hereinafter “instant lease agreement”).
The lease contract of this case contains the following contents:
Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the use, structure, etc. of the above real estate or sub-lease, transfer the right of lease or offer the security without the consent of the lessor for any purpose other than the purpose of lease
Article 4 (Termination of Contract) If the lessee's delayed delay amounts to three (3) terms of rent, or violates Article 3, the lessor may terminate the contract.
E. On December 26, 2018, Defendant C entered into a sub-lease contract (hereinafter “sub-lease contract of this case”) with D and Defendant B by setting up a letter of agreement with regard to the instant store as follows.
The detailed details of the instant store shall be discussed as follows:
1) 20 million won per month (including house taxes) period of 4 million won per month shall be 24 months from January 10, 2019 to January 9, 2021.
3) Public charges are responsible and paid by Defendant C(B), and additional taxes are responsible by Defendant B and D(A). 6) This building is for normal rental period.