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1. The defendant is against the plaintiffs:
A. The separate list from February 22, 2018 is as shown in the separate list from KRW 300,000 to KRW 300,000.
Reasons
Basic Facts
On November 16, 2017, the Plaintiffs entered into a lease agreement with the Defendant with the terms of KRW 300 million, KRW 16.2 million per month of rent (excluding value-added tax, and payment after November 21, 2017), and the term of lease from November 21, 2017 to November 20, 2019 (hereinafter “instant lease agreement”). On November 21, 2017, the Defendant received delivery of the instant building from the Plaintiffs and operated the telecom.
The Defendant, over three occasions on December 21, 2017, on January 22, 2018, and April 30, 2018, paid to the Plaintiff A the monthly rent of KRW 1,782,00,000, in total, KRW 5,3460,000 (= KRW 1,7820,000 x 3) by remitting the instant lease agreement to the Plaintiff (i.e., KRW 1,7820 x 3), and paid the monthly rent to the Plaintiffs by February 20, 2018.
Meanwhile, in order to secure the claim for the return of the lease deposit under the instant lease agreement, the Defendant completed the establishment registration of each of the maximum debt amount of KRW 300 million, the Plaintiffs, and the creditors of the instant building and the land indicated in the separate sheet (hereinafter “instant land”) on November 21, 2017, based on the contract concluded as of November 21, 2017, for the establishment of a mortgage on the instant building and the land indicated in the separate sheet (hereinafter “instant land”).
(2) On April 30, 2018, May 31, 2018, Plaintiff A requested the Defendant to pay the rent from February 21, 2018, when the Defendant delayed payment by content-certified mail. On August 28, 2018, Plaintiff A notified the Defendant that the instant lease was terminated on the ground that the Defendant delayed payment by content-certified mail, and the said termination notice was served on the Defendant on August 29, 2018.
The defendant is occupying and using the building of this case until now.
[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 to 4, 6, 9, and 10 and the purport of the whole pleadings.