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1. From 50,000,000 won to 50,000 won from the Plaintiff’s succeeding Intervenor, the Defendant is the second floor of the real estate indicated in the separate sheet from March 26, 2018.
Reasons
1. Facts of recognition;
A. On May 19, 2014, the Plaintiffs, who were co-owners of 1/2 shares of the real estate indicated in the separate sheet, leased the lease deposit amounting to KRW 50 million, monthly rent of KRW 3.5 million (excluding value-added tax), and the lease term from May 19, 2014 to May 18, 2015, to the Defendant.
The lease contract between the plaintiffs and the defendant was implicitly renewed on May 19, 2015 and May 19, 2016.
B. On March 22, 2017, the Plaintiff sent to the Defendant a certificate of content that the lease contract of the instant real estate is terminated on May 18, 2017, which reaches the Defendant around that time.
C. The Plaintiffs filed the instant lawsuit on October 13, 2017.
Plaintiff
On October 26, 2017, the succeeding intervenor B completed the registration of transfer of shares in his/her name on September 15, 2017 with respect to each share of 1/2 of the plaintiffs as to real estate listed in the separate sheet on October 26, 2017, and completed the registration of transfer of shares in his/her name on October 16, 2017.
E. The Intervenor succeeding to the Plaintiff is the Plaintiff’s Intervenor on December 18, 2017.
The application for succession participation was submitted on the ground of the transfer of ownership, such as Paragraph (1).
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, 4, and 6, and the purport of the whole pleadings
2. As to the assertion that the succession intervention is unlawful, etc.
A. The Defendant asserts that the instant succession intervention is unlawful since the date on which the Plaintiff’s succeeding Intervenor B entered into a sales contract for the transfer of real estate shares in the separate sheet from the Plaintiffs on September 15, 2017, which was before the instant lawsuit is pending. However, the transfer of real estate shares in the separate sheet to the Plaintiff’s succeeding Intervenor B on October 26, 2017, while the instant lawsuit is pending, is without merit.
B. The defendant filed a lawsuit by the plaintiffs to the plaintiff's successor.