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1. The Defendants are to the Plaintiff:
(a) the B-dong reinforced concrete sloping roof among the D-owned buildings in the north-gu, Pohang-si;
Reasons
1. Basic facts
A. On June 20, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on the condition that the entire area of B-dong reinforced concrete slab roof neighborhood living facilities, and the second floor office of housing units (hereinafter “instant building”) was KRW 5 million, KRW 600,000,000 per month (the fifth day per month on the payment date), and the period from June 20, 2013 to June 19, 2016, the Plaintiff occupied and used the instant real estate from around that time, and Defendant B operated a singing practice room while occupying and using the instant real estate.
B. On February 4, 2014, Defendant B prepared a sub-lease contract with Defendant C as the sub-lessee, and around that time, the name of the karaoke machine operator was changed to Defendant C. At the time, the Plaintiff, a lessor, was unaware of such fact and did not consent to the sub-lease contract.
C. From July 5, 2014, the Defendants, a lessee or a sub-lessee, did not perform the obligation to pay rent under the instant lease agreement. The Plaintiff sent to the Defendants a certificate of content that the instant lease agreement was terminated on September 22, 2014 on the grounds that the said lessee and the sub-lessee were the foregoing tenant and the Plaintiff without permission. The content certification reached the Defendants around that time.
Defendant B paid KRW 1,80,000 to the Plaintiff for three months of the unpaid rent (from July 2014 to September 2014) on September 29, 2014.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. According to the facts established prior to the determination of the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated before September 29, 2014 on the grounds of the rent delay of Defendant B, the lessee, and as such, Defendant B and Defendant C, the lessee, deliver the instant building to the Plaintiff, and as sought by each of the Plaintiff, the rent calculated at the rate of KRW 600,000 per month from February 5, 2015 to the completion date of delivery of the said building.