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1. The Defendant is jointly and severally with D to the Plaintiff (Appointed Party) and the appointed parties E, F, and B, respectively, and from July 31, 2019.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence Nos. 1, 2, and 1, both together with the purport of the entire pleadings.
On December 27, 1989, the Plaintiff (designated parties, hereinafter “Plaintiffs”) and the appointed parties E, F, and B (hereinafter “Appointeds”) completed the registration of ownership transfer for each portion of 1/4 of the buildings listed in the attached Form (hereinafter “instant building”) based on donation.
B. D borrowed the Defendant’s name and registered its business with the name of “G” and operated the business. On October 16, 2013, D entered into a contract with the Plaintiff (appointed’s agent and owned and used the instant building portion (hereinafter “instant building portion”) by setting deposit deposit amount of KRW 5,00,000, monthly rent of KRW 380,000 (including value-added tax) and period of KRW 380,000, October 30, 2015 (hereinafter “instant lease contract”). Around that time, D used the instant building portion by delivering the instant building portion from the Plaintiff to its workplace.
C. D appears to have reported the closure of “G” at the competent tax office around July 20, 2016.
2. The assertion and judgment
A. The summary of the parties’ assertion (1) The Plaintiff knew only that the other party was the Defendant at the time of entering into the instant lease agreement, and was unaware of the fact that it was D in fact.
Since January 31, 2017, D delayed the payment of rent for the instant building portion from January 31, 2017, and the Plaintiff notified D of the termination of the instant lease agreement verbally.
Therefore, the Defendant, who is a lessee under the instant lease agreement, is obligated to deliver the instant building portion to the Plaintiff and the designated parties, and to pay 380,000 won per month from January 31, 2017 to the completion date of the said delivery.
(2) The Defendant’s instant lease agreement is the Defendant’s consent.