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1. The Defendants are from the Plaintiff’s KRW 20,00,000 to the first floor of the real estate indicated in the indication of the attached real estate from August 1, 2016.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1, 2, and 6.
On January 20, 200, the Plaintiff’s father D entered into a lease agreement with the Defendants on the following terms: (a) the lease deposit amount of KRW 50 million, monthly rent of KRW 1.2 million; (b) the lease term of KRW 1.7 square meters (excluding value-added tax); and (c) from February 1, 2000 to January 31, 202, the lease agreement of this case includes a special agreement as stated in the attached Form (hereinafter “the instant special agreement”). The lease agreement of this case includes the same terms and conditions as that of the instant special agreement.
B. However, as D died on September 16, 2003, the Plaintiff, his child, succeeded to the status of the lessor of the instant lease while acquiring the ownership of the instant commercial building on November 5, 2003. The instant lease was renewed several times, and the monthly rent was KRW 1.67 million from January 2012.
C. Meanwhile, around December 2015, the Defendants sold the virtual car to E without the Plaintiff’s consent. Around December 21, 2015, the Plaintiff expressed its intent to refuse the renewal of the instant lease to the Defendants.
The Defendants paid to the Plaintiff the difference from July 31, 2016.
2. According to the facts of the above recognition, since the Defendants sold the virtual car to E without the Plaintiff’s consent, they are obligated to pay a penalty of KRW 30 million to the Plaintiff in accordance with the terms and conditions of the instant special agreement. Since the instant lease agreement terminated on February 1, 2016 due to the expiration of the period, the Defendants are paid the remainder of the amount calculated by deducting the amount calculated by the rate of KRW 1670,000 per month from August 1, 2016 to the delivery completion of the instant commercial building from the amount of KRW 50,000,000 from the Plaintiff (i.e., deposit KRW 50 million - penalty of KRW 30,000) to the Plaintiff.