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1. The defendant is paid KRW 64,615,384 from the plaintiffs, and at the same time real estate stated in the separate sheet to the plaintiffs.
Reasons
1. Basic facts
A. The deceased G and the plaintiff A(1936) were married couple, and the defendant (masts, 1958), the plaintiff (maths, 1958), the plaintiff (maths, 1962), the H (maths, 1964), I (maths, 1966), and the deceased J (maths, 1971, 3 women).
B. Real estate listed in the separate sheet (hereinafter “the instant building”) was real estate owned by the deceased G and the Plaintiff on November 3, 200 by both husband and wife who acquired the ownership of each 1/2 share on November 3, 200. However, due to the death of the deceased G on January 6, 2015, Plaintiff A owned the shares of 112/182, Plaintiff B’s 14/182 shares, Plaintiff C (the deceased J’s husband as the husband of the deceasedJ), Plaintiff C (the deceased J’s husband), and Plaintiff E (the deceased J’s deceased heir as the deceased J’s own heir), respectively, owned the shares of 4/182 shares, Defendant 14/182 shares, Nonparty H and I owned the shares of 14/182 shares, respectively.
C. On November 3, 200, the Defendant entered into a lease agreement with the Plaintiff A husband and wife and entered into a accommodation business with the name of “Knman” in which all the 2,3, and 4th floor of the instant building (hereinafter “the part of the instant building”) were leased. The said lease agreement was terminated as of the date of closing argument of the instant case.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiffs asserted that the Defendant leased the instant leisure portion from the Plaintiff couple A to KRW 125,00,000,000 per month, and KRW 1,000,000 per month. The Defendant paid only KRW 50,00,000 out of the lease deposit, and paid only KRW 300,000 per month, and did not perform its obligations as a lessee.
The Plaintiffs, upon cancelling the lease contract on the grounds of this, paid the Defendant KRW 60,000,000 to return the lease deposit in full.
Therefore, the defendant delivers the part of the instant contribution to the plaintiffs who are co-owners of the building of this case to the deceased G's heir, and from the point of March 2, 2006 when 10 years passed retroactively from the date of the instant lawsuit, it is rent or rent corresponding to the plaintiffs' shares in ownership or inheritance shares.