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1. The Plaintiff:
A. The Defendants jointly deliver each real estate listed in the separate sheet;
(b) the defendant 1.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the instant real estate.
B. On December 2, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B to additionally receive deposit of KRW 80,00,000, monthly rent of KRW 800,000, and KRW 8,000,000 from December 3, 2014 to December 3, 2016. However, from March 5, 2015, the Plaintiff entered into a lease agreement to additionally receive deposit of KRW 20,000,000 for the use of parking lots (hereinafter “instant lease agreement”).
C. Article 4 of the instant lease agreement provides, “If the lessee’s delayed delay reaches the amount of two-term rents, the lessor may terminate the contract immediately,” and the special agreement provides, “If the lessee delays the payment of two or more periods of rents, the lessor shall terminate the contract.”
The Defendant paid to the Plaintiff KRW 80,000,000 as deposit under the instant lease agreement on December 3, 2014, but did not pay KRW 20,000,000 as to the use of the parking lot on March 5, 2015.
E. The Defendant paid all or part of the monthly rent under the instant lease agreement to the Plaintiff from December 25, 2014 to June 11, 2015, but did not pay the monthly rent thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 14 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion terminates the instant lease agreement on the grounds that Defendant B’s rent is unpaid.
Defendant B sublet the instant real estate to Defendant C, D, E, and F (hereinafter “Defendant C, etc.”) without permission, and the Defendants jointly occupy the instant real estate.
The Defendants, without any legal ground, gain profit amounting to KRW 10,000,000 per month corresponding to the rent (= KRW 8,000,000) while using and earning profit from the instant real estate (i.e., KRW 2,000,000), and the Plaintiff.