For the plaintiffs, the defendant

(a) specify the basement 148.46 square meters among the buildings listed in the attached list;

(b) KRW 2,056,650; and

1. Facts of recognition;

A. On February 13, 2019, the Plaintiffs leased the instant building to the Defendant on a deposit basis of KRW 6,500,000, monthly rent of KRW 499,99 (including value-added tax, KRW 1 in advance each month), monthly management expenses of KRW 150,000 (ex post payment), the Defendant’s burden, water charges from March 1, 2019 to February 28, 2020 (hereinafter “instant lease agreement”), and thereafter, the Plaintiffs delivered the instant building to the Defendant.

B. In the instant lease agreement, the Plaintiffs and the Defendant provided that the Plaintiffs may terminate the said lease agreement in a case where the Defendant’s delayed payment amounts to three-year rents, and the Defendant did not pay for three-years since July 1, 2019.

Accordingly, the Plaintiffs filed an application with the Defendant for “Service by Publication of Declaration of Intention” to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in payment of rent for at least the three-year period of arrears, and pursuant to the aforementioned court’s decision on October 23, 2019, the Plaintiffs expressed their intent to terminate the instant lease agreement around November 8, 2019.

C. As of July 28, 2020, the sum of the rent and management expenses in arrears by the Defendant is KRW 8,556,650.

The defendant occupies the building of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 35, purport of the whole pleadings

2. Determination

A. Since the above lease contract was terminated by exercising the right to terminate the plaintiffs around November 8, 2019, the defendant is obligated to order the plaintiffs to order the building of this case.

B. The Defendant calculated by deducting KRW 6,56,650, and KRW 2,050, which the Plaintiffs shall return to the Defendant from KRW 8,556,650, which is the sum of the rent and management expenses (including KRW 150,000, Jun. 1, 2019) under the agreement that was not paid to the Plaintiffs from July 1, 2019 to July 28, 2020, from KRW 2,056,650, and from July 29, 2020, the date of completion of the name of the instant building from July 29, 2029.