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1. The Defendant against the Plaintiff (Appointed Party), the Appointed Party C, D, E, and F:
(a) Attached drawings of the first floor of the real estate listed in the attached list;
Reasons
1. Facts of recognition;
A. On November 25, 2016, the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the Appointors C, D, E, and F (hereinafter “Appointeds”) jointly owned 1/5 shares in the attached list (hereinafter “instant store”) entered into a lease agreement with the Defendant on November 25, 2016, under which the part (A) of the real estate indicated in the attached list connects 1,2,3,4,5,6, and 18.09 square meters (hereinafter “instant store”) among the real estate listed in the attached list is 30,00,000, 3,135,000 won (including value-added tax, payment on the fifth day of each month), and the lease period from December 5, 2016 to December 4, 2018 (hereinafter “instant lease agreement”).
B. On June 4, 2018, the Plaintiff and the designated parties filed a lawsuit of this case on the ground that the Defendant did not timely pay the rent from December 2017, and was in arrears for at least three years, and the Plaintiff and the designated parties did not pay the rent. A duplicate of the complaint of this case stating the Plaintiff and the designated parties’ intent to terminate the instant lease was served on the Defendant on June 11, 2018.
C. At present, the Defendant is operating a restaurant with the trade name “G” while occupying the instant building.
The Defendant paid, on March 14, 2018, the rent for the Plaintiff and the designated parties on December 2017, and on April 25, 2018, the rent for January 2018, and the rent for February 7, 2018, respectively, paid to the Plaintiff and the designated parties for unjust enrichment equivalent to the rent for January 2019 during the instant lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1, Eul evidence 5 to 9 (including additional numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the lease contract of this case is legitimate until the date of delivery of a copy of the complaint of this case on the ground that the defendant was in arrears with the amount equivalent to the rent of the three-year period.