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1. The defendant shall deliver to the plaintiffs the real estate stated in the separate sheet.
2. The plaintiffs' remaining claims.
Reasons
1. Basic facts
A. On May 17, 2012, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit 200 million won, monthly rent 16 million won, and the lease period from June 18, 2012 to June 17, 2014 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) located in the Land Co., Ltd. (hereinafter “BT”) and the real estate listed in the separate sheet (hereinafter “instant real estate”). The Plaintiff carried out the gas station business on the instant real estate.
B. As the Plaintiffs delayed the payment of the two-year rent from December 2013 to January 24, 2014, the Plaintiffs sent a proof of the content that the instant lease agreement would be terminated on January 24, 2014. The said content certification was served on the diatoto Energy around that time.
C. The Defendant is operating a gas station in possession of the instant real estate upon the personal request of the representative of the Geototopy Energy on behalf of the Geotopy Energy.
[Reasons for Recognition] Evidence Nos. 1 and 2, Evidence No. 5, and the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated due to the Plaintiffs’ declaration of intent to terminate the instant lease agreement on January 24, 2014, on the grounds of delinquency in rent for at least two years. Thus, the Defendant, without legitimate right to possess the instant real estate, is obligated to deliver the instant real estate to the Plaintiffs without any justifiable right.
The Plaintiffs seek against the Defendant for damages at the rate of 17.6 million won per month from October 21, 2014 to the date the delivery of the instant real estate is completed (a preparatory document dated October 6, 201), but the monthly amount of KRW 17.6 million per month is limited to the rent (including additional rent) under the instant lease agreement, and the monthly amount equivalent to the monthly rent of the instant real estate is monthly.