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1. The Plaintiff:
A. The Defendants deliver the buildings listed in the separate sheet;
B. Defendant Coa, Ltd.
Reasons
1. Facts of recognition;
A. On May 22, 2015, Defendant Co., Ltd. entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the buildings listed in the separate sheet (hereinafter “instant building”) with C as to the lease deposit of KRW 10,000,000, monthly rent of KRW 650,000 (repaid on June 24), and from June 24, 2015 to June 23, 2017, and entered into a lease agreement (hereinafter “instant lease agreement”) with C as between June 23, 2015.
B. On May 20, 2015, the Plaintiff purchased the instant building from C and succeeded to the status of a lessor under the instant lease agreement by completing the registration of ownership transfer on June 30, 2015.
C. On July 24, 2015, Defendant Co., Ltd. did not pay rent of KRW 650,000 to the Plaintiff, except for the rent of KRW 650,000.
Defendant B currently occupies the building of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, and 8, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on June 23, 2017, and Defendant B without title to the instant building, which is owned by the Plaintiff, and thus, the Defendants are obligated to deliver the instant building to the Plaintiff, and the Defendants are obliged to pay the rent or rent equivalent to the rent calculated at the rate of KRW 650,00 per month from August 24, 2015 to the completion date of delivery of the instant building.
3. Determination as to the assertion of Defendant Co., Ltd.
A. The argument that the Defendant Co., Ltd. could not respond to the Plaintiff’s claim by asserting that:
① The instant lease agreement is a false contract in which Defendant B prepared in the form of proxy, and the authenticity of which cannot be recognized.
② Since a lessor was changed to a Plaintiff under the instant lease agreement, the Plaintiff may prepare a lease agreement under the name of the Plaintiff.