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1. The defendant is paid KRW 6,800,000 from the plaintiffs, and at the same time, the second floor of the building indicated in the separate sheet to the plaintiffs.
Reasons
1. Basic facts
A. From May 1981, Plaintiff A’s father-D leased the second floor of the instant building to the Defendant. On May 25, 1994, the Plaintiff and the instant store entered into a lease agreement stipulating that deposit amounting to KRW 10,000,000, monthly rent, KRW 700,000, and reinstatement at the end of lease.
D and the Defendant agreed to reduce the rent to KRW 450,000 from January 1, 1996 to December 201, 201.
B. On January 1, 2013, the Plaintiffs transferred 1/2 shares of the instant building from D, and concluded a lease agreement with the Defendant on the same day by setting the lease period as one year with the Defendant on the same day.
(hereinafter “instant lease agreement”). C.
The Plaintiffs, from D on January 1, 2013, acquired the rent claim unpaid from D to D during the period from January 1, 2003 to December 2012, 2012, notified the Defendant of the assignment of claims through the instant complaint on March 2, 2013, and the said warden was served on the Defendant on March 12, 2015.
C. On September 2014, the Defendant terminated the use of the second floor of the instant building. The Plaintiffs did not raise any objection upon the completion of the Defendant’s use, and the instant lease agreement was terminated around that time. However, even until the closing date of the pleadings, the Defendant occupies 28.05 square meters, which connects each point of the attached drawing Nos. 1, 2, 3, 4, and 1 among the second floor of the instant building.
On the other hand, the outer wall of the building of this case is installed a acrylic signboard stating the "(main)C" on the basis of partial spawn color.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3-1, 5, 8, 9, 10, 11 and 12, and the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above facts, the instant lease agreement was terminated by implied agreement around September 2014. Thus, the Defendant’s second floor of the instant building to the Plaintiffs.