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1. The Plaintiff:
A. Defendant B shall receive KRW 5,212,904 from the Plaintiff and at the same time obtain the payment of KRW 5,212,904 from the Plaintiff.
Reasons
1. According to the overall purport of Gap evidence Nos. 1 through 5 and Eul evidence Nos. 1 and Eul evidence Nos. 1 as to the cause of the claim, D shall, on February 14, 2013, lease the building of this case to defendant B with a deposit of KRW 10,000,000, monthly rent of KRW 700,000, monthly rent of KRW 700,000, March 1, 2013 through March 1, 2015 (hereinafter “instant lease contract”); Defendant C operated a restaurant in the building of this case after entering into a lease contract; the defendants failed to pay the rent after July 2013; the plaintiff completed the registration of ownership transfer from the Daejeon District Court’s registry office on February 13, 2015, and all of the rights and obligations of a lessor as a lease contract expires.
According to the above facts, Defendant B shall pay to the Plaintiff KRW 4,00,000 after deducting deposit of KRW 10,000,000 from the unpaid rent of KRW 14,00,000 during the contract period, barring any special circumstances, and Defendant C shall deliver the instant building to the Plaintiff, and Defendant C shall leave the instant building.
2. The Defendants asserted as to the Defendants’ assertion that the instant lease agreement was concluded on September 30, 2013 by suggesting that D’s lease contract was terminated on or around September 2013, since the lease of the instant building was under the condition that D could not run its business due to water falling on the wall, ceiling, etc. on the surface of rain, rain, etc., and that D’s lease agreement was terminated.
According to the statements in the evidence Nos. 2, 3, and 4 and witness E’s testimony, as alleged by the Defendants, the Defendants taken out the house stuff, etc. from the instant building on or around September 25, 2013 and did not engage in restaurant business from October 1, 2013.
However, even if such circumstances are acknowledged, the instant lease agreement was concluded on September 30, 2013 only with the evidence and witness E’s testimony submitted by the Defendants.