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1. The Defendants are to the Plaintiff:
(a)the annexed drawings indication 1, 2, 3, 4.2 of the real estate geographical strata listed in the separate sheet of each person;
Reasons
1. Basic facts
A. On March 25, 2013, the Plaintiff entered into an agreement with the Defendants on the leased deposit amounting to KRW 30,000,000,000 per month, monthly rent amounting to KRW 2,640,00 (including the payment on three day per month and value added tax) from April 3, 2013 to April 2, 2015 (hereinafter “instant lease agreement”), and agreed to impose property tax on entertainment facilities on the lessee (the Defendant) (Article 1 of the special agreement).
B. The Defendants paid KRW 30,000,000 to the Plaintiff, and thereafter run an entertainment drinking house business with the trade name “E” at the instant store. From May 3, 2013, the Defendants paid KRW 12,920,000 in total, as from November 21, 2013, KRW 2,640,000 on December 25, 2013, KRW 280,000 on December 25, 2013, and KRW 3,000,000 on January 16, 2014, and KRW 2,000,000 on July 31, 2014.
C. The heavy property tax imposed on the land and building arising from the running of the entertainment tavern business at the instant store (i.e., KRW 6,359,400, KRW 3,670,92), and KRW 10,271,213 in 2014 (i.e., KRW 3,839,273 KRW 6,431,940).
【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 4 (including each number, if any) and the purport of whole pleadings
2. Determination as to the cause of action
A. As seen earlier, the Defendants’ failure to pay two or more times from May 3, 2013 as to the claim for the delivery of the instant store is apparent in the record that the duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent was served on Defendant B on March 19, 2014 and Defendant C on March 20, 2014. As such, pursuant to Article 547(1) of the Civil Act of March 20, 2014, the instant lease agreement has to be served on all members of the instant contract, and the said declaration of intent to terminate the contract ought to be served on March 20, 2014 when the final declaration of intent to terminate the contract was delivered.