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1. The defendant
(a) deliver 107.52 square meters of geographical strata among buildings listed in the attached Form;
B. 2,854,193 Won and May 25, 2017
Reasons
1. Indication of claim;
A. On October 15, 2010, the Defendant respectively leased 107.52 square meters of the land among the above buildings from C, the owner of the building indicated in the attached Form, as deposit for lease, KRW 10,000,000, and the lease term from October 15, 2010 to October 14, 2012.
B. On April 24, 2012, the above lease was renewed on the monthly rent of KRW 550,00 (payment on April 25, 201) and the lease term of KRW 25,00,00, respectively, and on April 25, 2012 to April 25, 2013. The Plaintiff and the Plaintiff’s wife D on August 19, 2016
5.7. The registration of ownership transfer (one-half shares each) of the above building has been completed by reason of sale.
C. The Defendant did not pay the aggregate of the monthly rent and the monthly water rate of 13 months from May 25, 2016 to May 24, 2017 (the monthly water rate of 50,000 + the monthly water rate of 10,000).
On the other hand, as the joint lessor D delegated all the authority to conclude and terminate the lease agreement on the building, the Plaintiff notified the Defendant of the termination of the lease agreement by way of content certification or delivery of a copy of the complaint of this case.
E. Therefore, the Defendant is obligated to return the leased object and pay the overdue rent to the Plaintiff on the ground that the lease contract is terminated.
2. Article 208 (3) 3 of the Civil Procedure Act:
3. Part dismissing a monetary claim
(a) The Plaintiff and D, equivalent to the monthly rent and the monthly water rate before the date of registration of ownership transfer, of May 25, 2016 to August 18, 2016, both the monthly rent and the monthly water rate of KRW 1,571,613 =2 months + (25 days/31 day) + 550,000 + 10,000 won + below the monthly water rate of KRW 10,00)] are not proven to have gone through the procedures for the assignment of rights from the previous owner.
(B) Even if the Plaintiff accepted all the powers, such as the conclusion and termination of the lease contract from D after the registration date, the lease contract or the termination of the contract is deemed to be terminated or preserved, inasmuch as there is no evidence that the Plaintiff obtained the Defendant’s consent.