1. The defendant is against the plaintiff (appointed party) and the appointed party C:

(a) A ground plan of the fourth floor of the building indicated in the attached list;

1. Facts of recognition;

가. 원고(선정당사자, 다음부터 ‘원고’라고 한다)와 선정자 C은 2008. 9. 18. 피고에게 그들 소유의 별지 목록 기재 건물의 4층 중 <4층 평면도> 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 “(가칭) 406호 46.34㎡”(다음부터 ‘이 사건 건물’이라고 한다)를 임대차보증금 10,000,000원, 월 차임 275,000원(부가가치세 포함), 기간 2008. 10. 1.부터 2010. 9. 30.까지로 정하여 임대하는 임대차계약(다음부터 ‘이 사건 임대차계약’이라고 한다)을 체결하였다.

B. The instant lease contract has been implicitly renewed after the expiration of the term.

C. As the Defendant delayed the payment of rent from January 1, 2016, the Plaintiff and the Appointed C notified the Defendant that the lease contract will be terminated several times, and the Defendant filed the instant lawsuit on September 5, 2016 to receive the delivery of the building without paying the rent and the unpaid rent.

After the filing of the instant lawsuit, the Defendant paid KRW 2,475,00, which is the amount equivalent to the rent for nine months, to the Plaintiff on September 9, 2016, but thereafter, paid the rent again.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, whole purport of pleading

2. The Plaintiff and the Selected C expressed their intent to terminate the lease contract to the Defendant before the instant lawsuit was filed, and even if not, they expressed their intent to terminate the lease contract by serving the instant complaint with the instant complaint. Thus, the instant lease contract was terminated.

Although the Defendant paid the amount of nine months overdue September 9, 2016 to the Defendant, this does not affect the termination of the contract, since the lease contract was terminated.

Since the instant lease contract was terminated, and the Defendant delayed the payment of rent after October 1, 2016, the Defendant delivered the instant building to the Plaintiff and the designated parties C, and on October 1, 2016.