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Defendant B, Defendant D, and Defendant E, together with the Plaintiff, are buildings listed in the attached list.
Reasons
1. Basic facts
A. On November 24, 2017, the Plaintiff leased (hereinafter “instant lease agreement”) buildings listed in the separate sheet (hereinafter “instant building”) to Defendant B Co., Ltd. (hereinafter “Defendant B”) by setting the term from December 16, 2017 to December 15, 2018, with a deposit of KRW 100 million, monthly rent of KRW 7 million, and the term from December 16, 2017 to December 15, 2018.
B. On December 22, 2017, the Plaintiff and Defendant D agreed to sublet the instant building to Defendant D who operates a general restaurant; ② Defendant D, a sub-lessee, directly paid rent and management expenses, etc. to the Plaintiff, and, if unpaid, the Plaintiff deducted the Plaintiff from the deposit amount of Defendant B, and the Plaintiff would make a lease contract with Defendant D with a deposit amount of KRW 7 million without a deposit, and the Plaintiff would issue a tax invoice for the rent. ④ The Plaintiff, Defendant B, and Defendant D promised to issue the tax invoice for the rent (hereinafter referred to as the “instant agreement”; ④ The agreement between the Plaintiff, Defendant B, and Defendant D stipulates that the lease contract made under the above paragraph is null and void (hereinafter referred to as the “sublease agreement”); and the release agreement between Defendant B and Defendant D was concluded in the above agreement. The Plaintiff, the lessee, Defendant D, and Defendant C (hereinafter referred to as “Defendant C”).
) A lease agreement in which a joint lessee is a joint lessee (hereinafter “instant attachment agreement”).
A. An attachment was made.
C. Defendant B and Defendant D paid KRW 23 million to the Plaintiff on January 20, 2018, with the rent under the instant lease agreement and the instant agreement, except for the payment of KRW 7 million to the Plaintiff on January 20, 2018. Defendant D paid KRW 23 million as the down payment for the lease contract from August 2018 to April 2019.
On May 4, 2018, the Plaintiff sent to Defendant B a certificate of the termination of the instant lease agreement on the grounds of the delinquency in rent for at least three years, and Defendant B raised objection against Defendant D and C.