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1. The defendants are paid KRW 30,000,000 from the plaintiffs, and at the same time they are paid to the plaintiffs as shown in attached Table 1.
Reasons
1. The Plaintiffs are owners of a portion of 132 square meters inboard (a) that connects each point in sequence of annexed drawings 1, 2, 3, 4, 5, 6, and 1 among the real estate listed in annexed drawings 1 (hereinafter “instant building”), and own one-fourths shares, respectively.
On March 13, 2018, the Plaintiffs concluded a lease agreement with respect to the building of this case, G, a lessee, from April 5, 2018 to April 4, 2020, with a deposit of KRW 3 million, rent of KRW 3 million per month, and management fee of KRW 100,000 per month (the rent and management fee shall be paid by the 25th of each month).
Defendant E succeeded to a lease agreement between the Plaintiffs and G on May 23, 2019, and concluded the same lease agreement with the Plaintiffs from May 23, 2019 to April 4, 2020.
(hereinafter “instant lease agreement”). Article 18(2) of the instant lease agreement provides, “If a lessee fails to perform his/her obligation to surrender and restore to the original state, the lessee shall pay the lessor an amount equivalent to twice the monthly rent and management expenses by the date on which the lessee performs the obligation to restore to the original state, as damages.”
(hereinafter referred to as “instant damages clause”). Defendant F engaged in the same business with G and operated a house-to-house sales store in the instant building. However, around May 2019, Defendant E acquired the shares of G and operated a house-to-house sales store in the instant building.
Plaintiff
D On February 26, 2020, Defendant E notified Defendant E of the intent to “to terminate the lease agreement on the ground of the expiration of the instant lease agreement term as of April 4, 2020,” and Defendant E received the lease agreement on February 28, 2020.
Defendant E exercises the right to claim renewal of the instant lease agreement against Plaintiff D on March 3, 2020
‘The content-certified mail' sent, and the mail was returned due to the absence of the door-to-door.
Accordingly, on March 15, 2020, Defendant E exercises the right to claim the renewal of the contract by text message to the Plaintiff’s side.