In the judgment of the first instance, the part concerning the claim for the removal of wastes and the claim for the transfer of land against the defendant B and C shall be revoked.

1. Basic facts

A. On February 16, 2017, the Plaintiff, as the owner of each real estate listed in the separate sheet, leased the building listed in the separate sheet No. 3 to the Defendants as indicated in the separate sheet No. 120 million won, monthly rent of KRW 18 million, and the period from February 13, 2017 to December 31 of the same year (hereinafter “instant lease”). At the time, Defendant D entered into the instant lease agreement with Defendant B and C’s agents as Defendant D himself.

B. Of each land listed in paragraphs 1 and 2 of the current Schedule, wastes, etc. stored by Defendant D are stored in the remainder, excluding the building portion listed in Paragraph 3 of the Schedule on the ground.

C. The Defendants did not pay not only the above lease deposit but also the monthly rent that the Defendants jointly and severally pay to the Plaintiff pursuant to Article 5 of the lease agreement.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number) and the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement is subject to Article 7(2)1 and Article 7(2)7 of the above lease agreement (Cancellation and Termination of the Contract) (2) The Plaintiff may terminate the contract without the peremptory notice in the following cases:

1. When the Defendants did not pay monthly taxes more than three times (in cases where the Defendants did not pay their monthly taxes, the pertinent provision was terminated by the delivery of a copy of the instant complaint on the grounds of the Defendants’ three-year overdue arrears.

B. Since a joint lessee’s obligation to return an object, rent, and rent to a lessor of a building has an indivisible obligation (see, e.g., Supreme Court Decisions 98Da22765, Aug. 21, 1998; 2000Da13948, Dec. 11, 2001). The Defendants jointly have a duty to jointly deliver to the Plaintiff the building listed in attached Table 3 as performance of the duty to restore, and to return unjust enrichment equivalent to the monthly rent and rent.