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1. The Plaintiff:
A. The defendants are jointly and severally indicated in the separate sheet Nos. 1, 2, 3, 4, 1 of the separate sheet No. 1.
Reasons
1. Basic facts
A. On November 5, 2015, the Plaintiff entered into a lease agreement with Defendant B (hereinafter “instant lease agreement”) with regard to the part (B) of 38.5 square meters on the ship (hereinafter “instant real estate”) that connects each point of the attached Form 1, 2, 3, 4, and 1 among the real estate listed in the attached Table 1 list, which is owned by the Plaintiff, in sequence.
- Term of lease from November 23, 2015 to November 23, 2016 (12 months) - Lease deposit of KRW 5 million / Monthly rent of KRW 500,000 / 500,000 in the event of overdue rent of at least three (3) periods - A lessee who has succeeded to the previous vehicle at the expiration of the lease should have a business report certificate and a business registration certificate to the lessor at the time of the closure of the lease or succession to the status.
B. The instant lease agreement was concluded by Defendant C on behalf of the Defendant B on behalf of the Defendant, and the Defendant C operated the restaurant in the name of Defendant B (attached Form 2 business license and attached Form 3 business registration) on the instant real estate.
C. When the Plaintiff was in arrears with more than three occasions, the Plaintiff notified the Defendants of the termination of the instant lease agreement, and the instant lease agreement expired on November 23, 2017 after being renewed once.
As of November 23, 2017, the expiration date of the above lease term, Defendant B's unpaid monthly rent is KRW 5,650,000.
E. At present, Defendant C is running a restaurant business on the instant real estate.
[Ground for Recognition: Unsatisfy, Evidence A No. 1-12 (including a provisional number), the purport of the whole pleadings]
2. Determination
A. (1) The indication of claim against Defendant B: A claim for delivery of the instant real estate due to the termination of the instant lease agreement; a claim for unpaid monthly rent and delay damages during the lease agreement period; a claim for return of unjust enrichment equivalent to the monthly rent until the delivery of real estate after the termination of the lease agreement; and a claim for performance of the procedure for filing a business license and for filing a report on closure of business registration under the special agreement of the lease agreement (Article 208(3)
B. (1) As to Defendant C, prior to the merits -