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1. The defendant (combined plaintiffs) received KRW 10,000,000 from the plaintiff (Consolidated defendants) simultaneously.
Reasons
The combined lawsuits with the principal lawsuit shall be considered together.
1. Basic facts
A. On March 22, 2012, the Plaintiff, as the owner of the building indicated in the attached list, concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant B, from March 1, 2012 to February 29, 2014, on a deposit of KRW 10,00,000, monthly rent of KRW 1,00,000, monthly rent of KRW 1,000,000, and the lease period of KRW 426,000,000, in the attached list, among the building 452.82 square meters in the first floor as indicated in the attached list, and delivered the instant store to Defendant B.
B. On June 1, 2015, the Plaintiff entered into a lease agreement again with Defendant B and Defendant B as joint lessee. The deposit amount is KRW 10,000,000 as the previous one, KRW 1.5 million as the monthly rent, and the lease period is from March 1, 2012 to February 29, 2016. According to paragraph (7) of the special agreement entered into at the time, “this agreement is not a new contract, and it is not a joint lessee at the request of the lessee, and Defendant C completed its business registration as a joint proprietor on June 2, 2015.
C. On August 17, 2016, the Plaintiff sent to the Defendants a certificate of intent to terminate the lease agreement upon expiration of the lease term as of February 28, 2017. The Plaintiff reached the Defendants of business.
[Ground of recognition] Gap evidence Nos. 1 and 2-3-1 to 3-5, Eul evidence Nos. 5, the result of the survey and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings
2. Judgment on the principal lawsuit
A. The parties asserted that the Plaintiff’s assertion that the instant lease agreement had been terminated due to the expiration of the period of validity, and the Defendants asserted that Defendant C entered into a new lease agreement on June 1, 2015, and that the lease agreement period for Defendant C begins from June 1, 2015, and Defendant C is recognized as the right to claim renewal of the lease agreement for a period of five years from that time.
(b).