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1. Defendant (Appointed Party) B and Appointed C jointly share the 1st floor and the 2nd floor of the building indicated in the attached list to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 28, 2012, the Plaintiff leased a deposit of KRW 30,00,000, monthly rent of KRW 1,000,000, and a lease period of KRW 276,000 as indicated in the separate sheet (hereinafter “instant building”) owned by the Plaintiff on November 29, 2014, and the lessee cannot change the use or structure of the leased real estate or use it for any purpose other than the purpose of lease without the lessor’s consent, and as a special agreement, included that the lessee cannot use it for any purpose other than the purpose of lease without the lessor’s consent.
B. The plaintiff is the above A.
On September 28, 2014, before the expiration of the lease term, the Defendant (Appointed Party; hereinafter “Defendant”) who is the father of the Appointor C (hereinafter “Defendant”) re-leased the two-storys of the instant building by setting the deposit amount of KRW 30,00,000, monthly rent of KRW 1,200,000, and the lease term of November 29, 2016, as until November 29, 2016.
In addition to the terms and conditions of the contract and the special agreement, the lessee added the contents that the lessee bears all legal responsibilities when the illegal building is removed and all problems occur.
C. On September 28, 2012, Defendant B and Selected: (a) since leased the instant building 276 square meters, Defendant C had operated a screen driving range in this place; (b) around 2013, the Selection C had concluded a special agreement with the Plaintiff on September 28, 2014 that the lessee shall be fully responsible for the removal of the illegal building installed on the third floor and all of the problems related to the removal of the extended building installed on the third floor; and (c) on September 28, 2014, Defendant B entered into a lease contract with the Plaintiff, the same content as at the time the lease contract was concluded with the Plaintiff was included in the terms and conditions of the contract.