beta
Text
1. The Defendants jointly do so to the Plaintiff:
A. The real estate listed in the attached Form 1 and the drawings listed in the attached Form 2 among them are indicated in the attached Form 1, 2, 3, 4, 1.
Reasons
Facts of recognition
A. On November 13, 2015, the Plaintiff: (a) attached Table 1 (hereinafter “instant land”); and (b) attached Table 2 drawings No. 1, 2, 3, 4, and 1 among the real estate (hereinafter “instant land”); and (c) leased the leased deposit amount of KRW 50 million, KRW 55 million per month (from July 1, 2016 to November 13, 2015 to D; and (d) leased the instant real estate to the instant land by setting the lease agreement as between November 13, 2015 to November 12, 2017 (hereinafter “instant real estate”); and (e) the lease agreement was transferred to D Co., Ltd. (hereinafter “instant real estate”).
At the time of entering into the instant lease agreement, Defendant C jointly and severally guaranteed D Co., Ltd.
B. From August 2016, D Co., Ltd. did not pay the Plaintiff rent.
C. On April 3, 2017, the Plaintiff terminated the instant lease agreement against D Co., Ltd. on the ground of the rent delay, and was rendered a favorable judgment on August 8, 2017 by filing a lawsuit seeking the delivery of the instant real estate (Seoul District Court 2017Da312441).
According to the above judgment, the Plaintiff filed an application for the delivery and execution of the instant real estate (the Busan District Court 2017No. 1925). Defendant B submitted an opinion to the effect that he entered into a lease agreement with D Co., Ltd. and possessed the instant building among the above executions, thereby making it impossible to execute the said agreement.
E. Meanwhile, the Defendants possessed the instant real estate until the date of the closing of the argument in this case.
[Ground for recognition] Defendant B: Determination of the purport of the whole pleadings and arguments as to whether a confession is made (Article 208(3)2 of the Civil Procedure Act): Defendant C has no dispute; entries as to evidence Nos. 1 through 4; and
A. According to the determination on the cause of the claim 1, the instant lease agreement between the Plaintiff and D is based on the rent delay of D Co., Ltd.