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1. The defendant is against the plaintiffs:
(a) deliver the real estate listed in the separate sheet;
(b) An annexed list from July 25, 2018.
Reasons
1. Facts of recognition;
A. On November 8, 2016, the Plaintiffs leased the instant real estate (of the instant real estate, Plaintiff A owned 71/100 shares, and Plaintiff B owned 29/100 shares) to the Defendant, with a deposit deposit of KRW 20,00,000, monthly rent of KRW 2,200,000 (in the case of value-added tax, later payment on the 25th of each month), and from November 25, 2016 to November 24, 2017, the period of lease was determined and leased to the Defendant, and thereafter, the said real estate was handed over at that time.
B. On November 3, 2017, the Plaintiffs again leased the instant real estate to the Defendant (hereinafter “the instant lease”) by setting the lease deposit of KRW 20,000,000, monthly rent of KRW 2,200,00 (including value-added tax) and the lease period from November 25, 2017 to November 24, 2018 (hereinafter “the lease”).
C. The instant lease agreement has been implicitly renewed even after November 24, 2018, which is the expiration date of the said lease agreement.
From July 25, 2018, the Defendant did not pay the Plaintiff monthly rent.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 to 4, the purport of the whole pleadings
2. In addition to the fact that the majority of the complaint of this case, which contains the purport that the plaintiffs terminate the lease contract of this case, was served on the defendant on December 26, 2018, it is reasonable to deem that the lease contract of this case was terminated by the delivery of the copy of the complaint of this case.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and pay the amount calculated by applying each ratio of KRW 1,562,00 per month to the Plaintiff from July 25, 2018 to the completion date of delivery of the instant real estate from July 25, 2018 (monthly rent 2,200,000 x 71/100) and 638,000 per month to the Plaintiff B (monthly rent 2,20,000 x 29/1000).
The Plaintiffs sought a payment of overdue rent, etc. from June 25, 2018 to the Defendant. However, Plaintiff A’s payment under the instant lease agreement by July 24, 2018.