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1. The defendant shall be the plaintiff.
(a) deliver each real estate listed in the separate sheet;
(b) Joint and several companies C and B.
Reasons
1. Facts of recognition;
A. On January 4, 2013, the Plaintiff, as a 2/5 equity right holder of each real estate listed in the separate sheet (hereinafter “instant real estate”), leased the said real estate to D on a deposit of KRW 50 million, monthly rent of KRW 6050,000 (including value-added tax), and from January 9, 2013 to April 9, 2015.
B. D, as the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”), received the instant real estate from the Plaintiff, and let the Defendant, who actually manages the Nonparty Company, use the instant real estate as the place of business of the Nonparty Company, and the Plaintiff consented thereto.
C. From October 2013, the Plaintiff and Defendant D agreed to reduce the rent of the instant real estate as KRW 5.5 million per month (including value-added tax).
However, Defendant D did not pay KRW 6.5 million each of the rent for June and September 2013, KRW 5.5 million each, KRW 5.5 million each of the rent for April and May 2014, and KRW 26.1 million each of the rent for April 2014.
E. On May 28, 2014, the Plaintiff notified D of the termination of the above lease agreement on the grounds of the rent delay at least twice, and the above termination notification reached D around that time.
F. Meanwhile, the interest calculated at the rate of 5% per annum as stipulated in the Civil Act from the date of delinquency on the above overdue charge of KRW 26.1 million until May 27, 2014, which is the day immediately preceding the notification of the above termination, is KRW 598,430.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, the purport of the whole pleadings
2. According to the above facts of determination, the above lease agreement was lawfully terminated on May 28, 2014 by the Plaintiff’s notice of termination. Thus, without any title, the Defendant, who occupies the instant real estate without any title, is obligated to deliver the said real estate to the Plaintiff seeking delivery as a preservation act for the jointly owned property.
Meanwhile, the sum of the overdue rent and damages for delay in the foregoing paragraph (d) above, 26,698,430 won and 5,500,000 won per month from May 28, 2014 to October 6, 2014.