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1. From June 2, 2017 to June 2, 2017, Defendant C indicated in the separate sheet as “1,” “2,” “3,” and “3,” among the first basements of the buildings listed in the separate sheet.
Reasons
1. Claim against Defendant D
가. 인정사실 1) 당사자의 지위 원고들은 별지 목록 기재 건물의 공유자들(원고 A이 4/9 지분, 원고 B이 5/9 지분)이고, E는 원고들의 모친이다. 2) 임대차계약 체결 가) E는 2017. 5. 23. F의 중개로 피고 C과 별지 목록 기재 건물 지하 1층 중 별지 도면 표시 ‘1’, ‘2’, ‘3’, ‘4’, ‘1’의 각 점을 차례로 연결한 선내 ㈎ 부분 88.59㎡(이하 ‘이 사건 점포’라고 한다
(2) As to the contract, a lease agreement with a deposit of KRW 20 million, monthly rent of KRW 20 million (hereinafter referred to as “advance lease agreement”).
(B) Around that time, the Defendants concluded the instant store with Defendant C and delivered the instant store to Defendant C. After that time, the Defendants decided that Defendant D will prepare for the inside facilities and opening of the instant store on behalf of Defendant C, and that Defendant D will make the name of business registration for the said store as Defendant D, and that the lessee of the lease agreement will also change the name of the lease to Defendant D.
E In this case, with regard to Defendant D and the store of this case, the lease contract of which is KRW 20 million per month and KRW 2 million per month is "the lease contract of this case".
(A) re-convened the facts of the absence of dispute (based on recognition), Gap evidence Nos. 1, 3, 9, Eul evidence Nos. 3, 4, 5, 6, 8 (if any, with a serial number), each entry, including a serial number, and the purport of the whole pleadings.
B. The plaintiffs' assertion 1) E entered into a lease agreement with F on the instant store, but only prepared the prior lease agreement and the instant lease agreement. E cancelled the above lease agreement with F, and since the prior lease agreement and the instant lease agreement are null and void as a false declaration of agreement, Defendant D is obligated to deliver the said store to the plaintiffs and pay unjust enrichment or damages therefrom. 2) Even if the prior lease agreement was entered into between E and Defendant C, the prior lease agreement is subject to commencement of business.