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1. The Plaintiff:
A. The Defendants deliver buildings listed in the attached list to the Defendants;
B. The Defendants are jointly and severally 35,762,245 won.
Reasons
1. Facts of recognition;
A. On July 1, 2013, the Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”). On July 1, 2013, the Plaintiff leased the instant building to the Defendants as KRW 30,000,000, and KRW 1,870,000, in rent.
(hereinafter “instant lease agreement”). B.
The Defendants operated a private teaching institute in the instant building, and delayed the total of KRW 52,330,00 as of January 15, 2016, and did not pay a total of KRW 13,432,245.
C. The Plaintiff notified the Defendants that the instant lease contract was terminated on the ground of the following delay by serving the duplicate of the instant complaint on the Defendants.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]
2. Determination
A. According to the above facts of determination as to the cause of the claim, the instant lease agreement was terminated by the Plaintiff’s notice of termination on the ground of the rent delay. Therefore, the Defendants are jointly obligated to deliver the instant building to the Plaintiff. The Defendants are jointly obligated to pay to the Plaintiff the sum of KRW 35,762,245 (i.e., the total management fees of KRW 52,330,000 (i.e., the total management fees of KRW 13,432,245 - deposit deposit 30,000) and the settlement date (i.e., the total management fees of KRW 52,330,000) from January 16, 2016 to the completion date of delivery of the instant building.
B. Defendant C and D’s assertion (1) notified that Defendant C will no longer participate in the partnership relationship or the instant lease agreement with the Plaintiff and Defendant C around June 2014, and obtained the Plaintiff’s consent, and thus, Defendant C cannot comply with the Plaintiff’s request. However, according to the above facts acknowledged, Defendant C is the party to the instant lease agreement. However, each of the descriptions of the evidence Nos. 1 and 2 (including the serial number) are alone, Defendant C’s withdrawal from partnership or the instant lease agreement from the Plaintiff, the lessor.