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1. The Defendants are each of the items indicated in the attached Form 1, 2, 3, 4, and 1 in the attached Form 1 of the Real Estate List to the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 9, 2017, the Plaintiff entered into a lease agreement with Defendant B and the Plaintiff on the real estate listed in the separate sheet of real estate (hereinafter “instant real estate”) (hereinafter “instant real estate”) with respect to the lease deposit of KRW 10 million, KRW 10,000,000 per month, KRW 1050,000 per month, and the term of lease from January 24, 2017 to January 23, 2018 (hereinafter “instant agreement”). Article 4 of the said agreement provides that “When the delayed amount of rent of a lessee reaches two (2) rent or violates Article 3, a lessor may terminate this agreement immediately.” Paragraph (3) of the said special agreement provides that “The lessor shall terminate the contract without any separate notice at the time of arrears (2) more than twice a monthly rent and shall immediately order the lessor to cancel the contract.”
B. On January 24, 2017, pursuant to the instant contract, the Plaintiff received deposit and rent from Defendant B on one occasion, and transferred the instant real estate to Defendant B. However, Defendant B did not pay the said real estate to the Plaintiff up to the day after delivery, and Defendant C occupied and used the said real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. Determination
A. We examine the determination as to the cause of the claim. As seen earlier, Defendant B did not pay the Plaintiff the rent pursuant to the instant contract more than twice, and on that ground, the duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the said contract is apparent in the record that it was served on Defendant B on September 1, 2017. Thus, the said contract was lawfully terminated.
I would like to say.
Therefore, Defendant B and Defendant C, the direct possessor of the instant real estate, who is the lessee under the instant lease agreement, is obligated to deliver the said real estate to the Plaintiff, who is the lessor and the owner of the said real estate under the said lease agreement.
B. Defendant B.