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1. The Defendants individually against the Plaintiff.
(a) the indication of the annexed drawings among the real property 1 floors listed in the attached list Ga, B, D;
Reasons
1. Facts of recognition;
A. From around 2003, E leased to Defendant A, who engages in gas sales business, a store listed in the separate sheet (hereinafter “instant store”) on the first floor among the buildings listed in the separate sheet (hereinafter “instant building”) located on the ground, such as Seoul Mapo-gu, Seoul, and entered into a lease agreement with the following terms: (a) around December 19, 201, Defendant A, lessee A, deposit 10,500,000 won for monthly rent, KRW 1.5 million for rent, and KRW 24 months for rent.
B. On December 8, 2014, upon Defendant A’s request, the Plaintiff concluded a lease agreement with four Defendants as lessee (the Defendant completed joint business registration with respect to the instant store on or around December 2014), a deposit of KRW 10,50,000 (it is presumed that the payment was replaced by an existing deposit), monthly rent of KRW 130,000 (payment on August 8), and a lease agreement with the period of lease from December 8, 2014 to December 24, 2014 (hereinafter “instant lease agreement”), and the Defendants currently used the said store.
C. On November 20, 2015, the Plaintiff purchased the instant building from E for reconstruction, and at the time, E, under a special agreement, left all tenants of the said building up to the payment of the purchase balance, and agreed to deliver the said building to the Plaintiff.
E asserts that a lease agreement entered into with Defendant A around December 201 is a final lease for the instant store, and around December 7, 2015, the Defendant A requested the presentation of the instant store, which is the object of lease, to the Seoul Northern District Court. However, as the said store was not voluntarily delivered, E filed a lawsuit against Defendant A at that time against the Seoul Northern District Court.
E. On May 17, 2016, the Plaintiff completed the registration of ownership transfer on the instant building purchased by himself/herself. On the other hand, E, a seller, was unable to withdraw the tenants despite the special terms and conditions stipulated in the above sales contract, the Plaintiff would receive the instant store from the direct tenants, etc., and on July 25, 2016.