beta
Text
1. At the same time, the defendant receives 1,32,877 won from the plaintiffs, and at the same time, paragraph (1) of attached Table 1 to the plaintiffs is 56.
Reasons
1. Facts of recognition;
A. Plaintiff A is the owner of land indicated in Annex 1 List 2, part of the building and the site for the building, and Plaintiff B is the owner of land indicated in Annex 1 List 3, which is part of the building site.
B. On November 17, 2014, Plaintiff B entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as to the leased object, KRW 10 million per month, KRW 500,000 per month, and the lease term from November 17, 2014 to November 26, 2016, with each of the terms of the lease agreements (hereinafter “instant lease agreement”). As a special agreement, Plaintiff B agreed to “to deliver the leased object within three months after notification in the event of sale or reconstruction.”
C. On February 22, 2017, the Plaintiffs entered into a sales contract for each real estate, etc. listed in the separate sheet, including the subject matter of lease with D on February 22, 2017, “if the delivery of each real estate, etc. is not made by August 22, 2017, which was six months after the date of the contract, an amount equivalent to the total rent for each real estate, etc. thereafter shall be separately paid.” On February 27, 2017, Plaintiff B requested the Defendant to deliver the leased object.
Plaintiff
B on April 20, 2017, the Defendant and the Defendant agreed to deliver the leased object by August 10, 2017 (hereinafter “instant agreement”), and paid KRW 14 million to the Defendant on April 21, 2017.
E. Meanwhile, the Defendant paid only the rent from June 2017 to May 2017, and did not pay the rent from June 2017. On November 1, 2017, the Plaintiffs deposited 7,50,000 won (=50,000 won x 5 months) remaining after subtracting the sum of the rent in arrears for five months from June 1, 2017 to October 2017.
(Resan District Court No. 6633, 2017). (f) The Plaintiffs filed an application against the Defendant for a provisional disposition of real estate name enhancement on August 18, 2017 (Seoul District Court 2017Kahap10474), and December 13, 2017.