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1. The Defendant’s KRW 37,170,344 as well as the Plaintiff’s annual rate from January 6, 2015 to August 13, 2015.
Reasons
1. Facts of recognition;
A. On November 13, 2010, the Plaintiff leased KRW 201 of the multi-family house on the second floor and the second floor (hereinafter referred to as the “multi-family house in this case”) on a parcel, other than in the following cities, in the following cities, at KRW 65 million (hereinafter referred to as the “instant lease contract”), and D mediated the said contract as an intermediary.
B. On April 26, 2010, the transfer of the instant lease contract, the owner of the instant multi-family house filed a removal lawsuit against the said B, who was the owner of the instant multi-family house, and the same year, two other parties, who acquired the ownership of the land of 268 square meters in the auction procedure, which is the land of the instant multi-family house.
5. 4. Upon the application of the above E and two others, the registration of provisional disposition entering the instant multi-family house as the 2010Kadan883, the Jeonju District Court's Gunsan Branch of 2010Kadan882, and the registration of provisional attachment entering the instant multi-family house as the claim amounting to KRW 7,614,00,000, respectively, was completed on August 6, 2009.
C. However, the instant lease agreement stipulated in the special agreement that “if the lessee wishes, the lessee would have set up a right to lease on G’s land and building. The lessee knew that there was a provisional disposition (provisional attachment, maximum amount of claim; 30,000,000 won) in the main building.” However, the lessor did not notify the Plaintiff of the fact that the removal lawsuit is pending, and D did not confirm the legal relationship and explain it to the Plaintiff, except for notification that the said provisional disposition registration, etc. is stated in the copy of the register of the multi-family house of this case.
The Plaintiff, by November 30, 2010, resided in the lessor by paying the full amount of deposit 65 million won to the lessor and reside therein, but the voluntary auction procedure (H and I (Dupl) is in progress upon the application of the mortgagee F.