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1. The judgment of the court of first instance is modified as follows.
The Defendants are the Plaintiff, and the buildings listed in the separate sheet No. 1.
Reasons
1. The grounds for this part of the facts of recognition are as stated in the corresponding part of the judgment of the first instance, except for the dismissal of some contents as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The third and second sides of the judgment of the first instance are as follows.
D. The Defendants paid KRW 8 million on July 19, 2018, and KRW 71.6 million during the course of the instant lawsuit. Accordingly, the monthly rent that the Defendants failed to pay up to July 2019 is KRW 4,6920,000,000.” On the third page of the first instance judgment of “No. 1 through 16,000,000,000 won,” as “Evidence 1 through 18,000,000.”
2. In full view of the facts acknowledged under paragraph (1) above, it is reasonable to conclude that the above lease was terminated due to the service of the plaintiff's notice of termination to the defendants.
Defendant D is not a party to the instant lease agreement, and the Plaintiff’s claim against himself is without merit. However, according to the evidence and the purport of the entire pleadings as seen earlier, the Plaintiff leased the instant building to Defendant D prior to that point, and Defendant D operated the instant building and changed the name of the proprietor to Defendant C in the process of changing the name of the proprietor from the instant building to Defendant C. Defendant D continued to run the entertainment tavern along with Defendant C. Defendant D continued to discuss the issue of payment of rent for the instant building. Accordingly, it is reasonable to deem that Defendant D is liable as a substantial party to the instant lease agreement along with Defendant C.
Therefore, the Defendants deliver the instant building to the Plaintiff, and jointly do so, with the amount of unpaid rent up to July 2019, and the amount of unlawful gains worth KRW 46920,000.