Of the part against the Defendant of the lower judgment, the part regarding the claim for extradition of real estate shall be reversed, and that part shall be remanded.

The grounds of appeal are examined.

1. As to the portion of a claim for delivery of real estate, Article 547(1) of the Civil Act provides, “if one or both parties exist, the termination or rescission of the contract shall be made against all or all of them.” Thus, in a case where multiple persons jointly lease a single lease contract with the lessee, barring any special circumstance, such as where there is a special agreement excluding the application of Article 547(1) of the Civil Act, the whole lease contract should be terminated by a declaration of intention of all the joint lessors.

This legal principle applies likewise to the case where not only was a joint lessor since the conclusion of a lease agreement, but also a case where a part of the leased object is transferred and the status of the lessor is succeeded, thereby becoming a joint lessor.

The judgment below

According to the reasoning and records, the defendant entered into a lease agreement with the Mart Development Co., Ltd. (hereinafter "Meart Development") on April 7, 2005, setting the deposit amount of KRW 101 and KRW 102,000,000 per month and KRW 1,000,000 per month (hereinafter "the lease agreement of this case"), and the defendant and the Mart Development entered into a lease agreement with all of KRW 101 and KRW 102 as an object without distinguishing between the deposit and the rent object, and without distinguishing between the deposit and the rent object, and the defendant succeeded to the status of KRW 101 and KRW 102 as one of the whole as one of the items concerning the lease of commercial buildings from the lease of this case to the location of the business, and the plaintiff took up the status of KRW 101 and KRW 102 as one of the items concerning the lease of this case from the lease of this case to the lessor on June 30, 2005.