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1. As to each of the above amounts of KRW 60,00,000 for Plaintiff A and C, and KRW 44,00,000 for Plaintiff B, and each of the above amounts, on September 10, 2016.
Reasons
1. Basic facts
A. Before 2003, the Defendant owned a building on the ground (hereinafter “former building”) on the land outside Seongbuk-gu Seoul E.
The Plaintiffs concluded a lease agreement with the Defendant (hereinafter “former lease agreement”) and operated a restaurant, etc. by May 2013, and the main contents are as follows:
Plaintiff
The lease deposit for the object of lease (unit: month) A, approximately 40,000,000 won on the right-hand side of the first floor A, approximately 5,30,000 won on December 12, 2003, approximately 70,000 won, approximately 70,000,000 won on June 9, 2004, KRW 3.5 million on June 1, 2003, approximately 6,50,000 won on June 15, 200,000 won
B. Around May 2013, the Defendant: (a) decided to build a new and new building; (b) around June 2013, the Defendant prepared a letter that guarantees the Plaintiffs’ preferential right to lease for the new building and the right to lease to a third party; (c) around that time, the Plaintiffs entered into a new lease contract for each new building (hereinafter “instant lease contract”); and (d) drafted a new lease contract for the Plaintiffs and the new building on September 2014, the new building was completed; and (e) the main contents are as follows.
Plaintiff
The lease deposit (unit) on the leased object A of approximately KRW 150 million on September 18, 2014, approximately KRW 50 million on the leased object B of approximately KRW 33:4 million on September 26, 2014, KRW 150 million on September 26, 2014, KRW 150 million on September 15, 2014, KRW 5 million on September 2014.
C. Plaintiff A and B paid the full amount of the deposit under each of the instant lease agreements to the Defendant, and Plaintiff C promised to pay KRW 130 million out of the deposit to the Defendant by the completion date, but the remainder of KRW 20 million was not paid by the completion date. However, the Defendant did not entirely urge the remainder after the completion date.
The Defendant’s content-certified mail to the effect that each of the instant lease agreements will be terminated on March 9, 2015 on the ground that the Plaintiffs did not move in without any notification even after six months after the date of completion of the new building of this case ( September 18, 2014).