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1. The Defendants shall order the Plaintiff to order each real estate listed in the attached real estate list.
2. The costs of lawsuit are assessed against the Defendants.
Reasons
1. Facts of recognition;
A. around 2005, Defendant B entered into a lease agreement with the Plaintiff on each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) and continued to maintain the lease agreement.
B. On December 2010, the Plaintiff and Defendant B concluded a lease agreement with a deposit of KRW 10 million, monthly rent of KRW 1 million, and the monthly rent of KRW 1 million. On December 2012, 2012, the said lease agreement was renewed.
C. However, without the Plaintiff’s consent, Defendant B leased the instant real estate to Defendant C and D, and Defendant B continued to pay KRW 1 million monthly rent from June 19, 2013.
Accordingly, on March 4, 2014, the Plaintiff notified Defendant B of the termination of the above lease contract on the grounds of unauthorized lease and delinquency in monthly rent, and the above notification reached the Defendant around that time.
[Ground of Recognition] A: Facts without dispute over Defendant B; Gap evidence Nos. 1, 2, 3, and 5 (including virtual numbers); the purport of the whole pleadings; defendant C; D: Confession (main sentence of Article 150(3) of the Civil Procedure Act)
2. Determination
A. According to the above facts as to the cause of the claim, the above lease agreement entered into between the Plaintiff and the Defendant B was terminated by the Plaintiff’s declaration of termination on the ground that Defendant B’s illegal lease to Defendant C and D and the failure to pay monthly rent of more than two years was due to the Plaintiff’s declaration of termination. Defendant C and D did not have a legitimate title to possess the instant real estate, and the Defendants are also obligated to order the Plaintiff to surrender the instant real estate
B. As to Defendant B’s assertion, on April 22, 2008, the Plaintiff and one other (hereinafter “AS&C”) who promoted reconstruction on the instant real estate, etc. were to enter into a sales contract with the amount of KRW 250 million for the Plaintiff and the instant real estate. The said sales contract included KRW 50 million for the said Defendant’s premium, the lessee of the instant real estate.
The above defendant is entitled to the approval of the above sales contract.