1. From November 18, 2020 to November 18, 2020 to the instant lawsuit, the attached drawings indication 1, 2, 3.

1. Basic facts

A. On June 15, 2013, the Plaintiff, Nonparty D (hereinafter “Plaintiff, etc.”) and Nonparty D (hereinafter “Plaintiff, etc.”) agreed to lease the instant subparagraph C, which they own, to the Defendant from June 26, 2013 to June 25, 2014, the lease deposit amount of KRW 5 million, monthly rent of KRW 850,000,000, and monthly management fee of KRW 50,000.

At the time, the plaintiff et al. and the defendant agreed that the rent and the management fee shall be paid to the bank account of D, and that the plaintiff et al. may terminate the above lease contract if the annual rent amounts to the two rentals.

B. After that, the above lease contract has been renewed, and the defendant paid rent and management fee in advance on January 22 of each month, 2018, and delayed payment of 14.4 million won (=the amount of rent 13.6 million won management fee (8 million won) for the sum of the rent and management fee for the 16th month from January of 2018 (the date of payment: December 22, 2017).

C. On February 28, 2020, the Plaintiff sent to the Defendant a notice of the termination of the above lease agreement and the Plaintiff’s claim for the return of the instant sub-paragraph C on the grounds of the delinquency in rent (the notice to the Defendant on March 4, 2020), and D also sent a text message to the Defendant on September 10, 2020.

As of the date of closing argument of this case, the above KRW 14.4 million remains, and the plaintiff's statement at the date of the second pleading, and the defendant currently occupies and uses the subparagraph C of this case.

[Grounds for Recognition: Evidence Nos. 2 and 3, Evidence No. 5-1, 2, and Evidence No. 8-2, the purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition as to the claim for delivery, the above lease agreement was lawfully terminated by the plaintiff et al.'s declaration of termination on the ground of the defendant's delinquency in rent, and on the other hand, since the right to claim the return of the leased object by a joint lessor at the time of termination of lease falls under an indivisible claim by nature, the defendant is an indivisible creditor and the plaintiff seeking the return of the leased object C.