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1. The defendant against the plaintiffs
(a) deliver the real estate listed in the separate sheet;
(b) 38,00,000 won and September 1, 2019.
Reasons
1. Facts of recognition;
A. On May 25, 2018, the Plaintiffs were co-owners of the real estate listed in the attached list (hereinafter the instant real estate), and leased the instant real estate to the Defendant on a monthly rent of 5.5 million won (including value-added tax) without a deposit.
B. From July 2018, the Defendant did not pay a portion of the rent from July 201 to August 21, 2019, which is a vehicle of KRW 38,000,000 as of August 21, 2019 (including value-added tax).
On October 22, 2018, the defendant will not delay the rent in the future, and if it is impossible to repay the overdue rent, the defendant will terminate the lease contract and will not raise an objection even if compulsory execution.
C. The defendant constructed illegal buildings without the plaintiffs' permission and received corrective orders from the head of Yongsan-gu Seoul Metropolitan Government, the competent agency.
[Ground of recognition] No dispute, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, since the above lease contract was lawfully terminated and terminated, the defendant shall deliver the real estate to the plaintiffs, deliver the real estate of this case, and return the amount equivalent to the rent calculated at the rate of KRW 5,500,000 per month from September 1, 2019 to the completion date of delivery of the real estate of this case.
B. The Defendant argued to the effect that the Plaintiff could not respond to the Plaintiff’s claim until the refund was returned, because the cost of substantial repair and facility construction of the instant real estate was spent in excess of KRW 70,00,000,00. However, there is no evidence as to the fact that the entry of the evidence No. 1 in the above argument is not trustable, and otherwise, the Defendant agreed to restore the instant building to its original state at the time of termination of the instant lease agreement, and the Defendant agreed to return the instant building to its original state at the time of termination of the lease agreement (B). This waivers the lessee’s right of recourse