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1. The Defendants’ delivery of real estate stated in the separate sheet from D to the Plaintiff at the same time, respectively, KRW 139,112,287.
Reasons
1. Facts of recognition;
A. On November 17, 2014, the Defendants concluded a lease agreement (hereinafter “instant lease agreement”) with the term of leasing KRW 300 million, monthly rent KRW 15 million, and the term of lease fixed from November 14, 2014 to October 13, 2015 with the term of lease deposit (hereinafter “instant lease agreement”).
B. The instant lease agreement was implicitly renewed, and on March 2, 2017, the Defendants sent to D a certificate to the effect that they would no longer renew the instant lease agreement, which reached D on March 3, 2017.
C. The Plaintiff filed a lawsuit against D et al. against D et al. for a claim for reimbursement, etc. on January 22, 2016, the said court rendered a judgment revoking the Defendants’ status of the transfer of the lease agreement to D et al. for KRW 240,574,205 and KRW 13,130,587 among D et al., from August 30, 2014; KRW 227,443,618 from November 6, 2014 to February 27, 2015; KRW 5% per annum from the next day to September 30, 2015; and KRW 15% per annum from the next day to the date of full payment.
On this issue, D et al. appealed by Seoul High Court No. 2016Na3449, but on October 27, 2016, the appeal was dismissed, which became final and conclusive around that time.
On the other hand, on February 3, 2016, the Plaintiff: (a) issued a seizure and collection order as to KRW 139,112,287 for each of the Defendants among the lease deposit claims under the instant lease agreement that D had against the Defendants; and (b) served the Defendants on February 11, 2016, on the basis of the original judgment with the executory power of the cases, such as the claim amount of KRW 2015Gahap481, Suwon District Court KRW 2016, Suwon District Court KRW 2016, Jun. 3, 2016.
E. The instant lease agreement is concluded.