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1. The Plaintiff:
A. The Defendants jointly deliver the buildings listed in the separate sheet;
B. Defendant B Co., Ltd.
Reasons
1. The following facts of recognition may be acknowledged by integrating the respective entries in Gap evidence Nos. 1 to 4 and the purport of the whole pleadings:
E on March 20, 2018, Defendant B Co., Ltd. (hereinafter “Defendant Company”) leased a building listed in the separate sheet (hereinafter “instant building”) to Defendant B Co., Ltd. (hereinafter “Defendant Company”) by setting the lease deposit amount of KRW 30 million, KRW 35 million per month, KRW 3.5 million per month, and the period of March 30, 2020.
(hereinafter “instant lease agreement”). B.
In the instant lease agreement, the lessor entered into a sub-lease agreement with the Defendant C, who is a de facto operator, and the Defendant C, as of August 16, 2018, had the instant building registered under Defendant D’s name after completing business registration.
C. E died on September 15, 2018, and the Plaintiff solely inherited the instant building and completed the registration of ownership transfer of the instant building on October 19, 2018.
The rent of KRW 30,80,000 (7 months from August 21, 2018 to March 20, 2019) of the instant lease agreement was overdue, and the management fee for commercial buildings was unpaid at KRW 8,620,330 (up to February 2019) and the electricity fee of KRW 8,332,970 (up to December 2018).
2. Determination
A. According to the above facts, the instant lease contract was lawfully terminated by the delivery of a copy of the complaint of this case containing the Plaintiff’s intent to terminate the contract on the ground of the foregoing rent delay, etc. As such, according to the Plaintiff’s claim, the Defendants jointly have the obligation to deliver the instant building to the Plaintiff (the Defendant Company is an indirect occupant as the lessee, Defendant C is the direct occupant as the lessee, Defendant D is the former lessee, and Defendant D is the indirect occupant as the business operator of the said Schlage’s business operator), and the Defendant Company has the obligation to deliver the instant building to the Plaintiff. From March 21, 2019 to March 21, 2019, Defendant Company was 47,753,300 won (the sum of annual rent, unpaid management fee, unpaid rental fee, and electricity rental fee) and the instant building.