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1. The judgment of the first instance court, including the plaintiffs' claims reduced in the trial, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. On June 11, 201, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as co-owners of the real estate listed in the separate sheet (hereinafter “the instant real estate”). The key contents are as stated in the separate sheet. In order to secure the return of the lease deposit received from the Defendant, the Plaintiffs completed the registration for the establishment of a lease on a deposit basis (hereinafter “registration for the creation of a lease on a deposit basis”) with the Defendant from June 16, 201 to June 16, 2012, under the Seoul Central District Court’s registration No. 25521, Feb. 8, 2012, the Plaintiff completed the registration for the establishment of a lease on a deposit basis (hereinafter “registration for the establishment of a lease on a deposit basis”).
B. The instant lease agreement was renewed twice under the same condition. Under the circumstances of the Defendant, the Plaintiffs and the Defendant decided to terminate the said lease agreement as of February 9, 2014, and the Defendant removed from the leased part of the instant case without leaving the house on January 2014, and the removal and reinstatement of the leased part of the instant lease was completed on February 22, 2014.
C. Meanwhile, the Defendant’s failure to pay the tax of KRW 193,056,910 in the amount of KRW 193,05,910, on or around March 19, 2012, the Defendant seized the right to lease on a deposit basis as seen earlier on or around March 19, 2012. On May 12, 2016, the Plaintiffs, as the garnishee, paid KRW 54,167,103 remaining after deducting KRW 75,832,897 in total under the name of overdue rent, such as the “written confirmation of settlement of the lease deposit” as indicated in the instant lease agreement, as the garnishee, at the time of May 12, 2016.
The sum of the rent, management fee, and electricity fee in arrears under the instant lease agreement is KRW 41,623,265 (including value-added tax), the late payment charge is KRW 6,445,290, and the late termination penalty is KRW 8,951,800, and the late termination penalty is KRW 8,951,80.