beta
Text
1. Defendant B and C shall be the Plaintiff:
A. Of the first floor of the real estate listed in the attached list, the Attached Form 1 Map No. 1, 2, 3, 4, 5, 6, 6.
Reasons
1. Facts of recognition;
A. On July 1, 2008, the Plaintiff leased 103 units of real estate listed in the separate sheet (hereinafter “instant building”) to Defendant C as KRW 24 million, KRW 2750,000 per month of rent (including value-added tax; hereinafter the same shall apply), KRW 137,500 per month of public charges, and the term of lease from July 1, 2008 to June 30, 2009. On July 1, 2011, the Plaintiff leased 301 units of the instant building as KRW 10,000,000, KRW 1,397,000 per month of rent, public charges KRW 88,00 per month, and the term of lease from July 1, 2011 to June 30, 2012, respectively.
B. On July 1, 2008, the Plaintiff leased 102 units of the instant building to Defendant B from July 1, 2008 to June 30, 2009, with a deposit of KRW 15 million per month, KRW 1,705,00 per month, and KRW 110,00 per month of public charges, and the lease period from July 1, 2008 to June 30, 2009.
C. Defendant C is operating “D” in the above Nos. 102, 103, and 301 (hereinafter “instant stores”) and each of the above lease agreements has been implicitly renewed.
The rent and public charge in arrears as of May 31, 2014 are KRW 11,725,00, KRW 103, KRW 22,012,00, KRW 301, KRW 8,882,00.
E. A copy of the complaint of this case stating the Plaintiff’s declaration of intent to terminate each of the above lease agreements on the grounds of delinquency in rent for not less than three months of the Defendants was served to Defendant B on October 7, 2014, and to Defendant C on August 16, 2014, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings
2. Determination
A. According to the above facts as to the cause of the claim, each of the above lease agreements is legally terminated by the plaintiff's notification of termination (the proviso of Article 5 of each contract), and the defendant C, as the actual lessee under the name of the defendant B, has occupied and used it as the actual lessee under the name of the defendant B.
Therefore, Defendant B and C deliver 102 of the instant building to the Plaintiff, and jointly and severally, and ② the rent and public charge calculated by the ratio of KRW 1,815,000 per month from June 1, 2014 to June 102, 201.