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1. The Defendant’s KRW 1,075,00 per annum against each of the Plaintiffs and 4% per annum from July 16, 2015 to December 15, 2015.
Reasons
1. Basic facts
A. On July 14, 2014, the Plaintiffs purchased three lots of ground buildings, including Incheon-gun E, Incheon-gun, and completed the registration of transfer of ownership by one-half shares each, after completing the registration of transfer of ownership from D.
9. On September 25, 2014, the Defendant, who operated the restaurant in the name of “F” on the first floor of the building in question (hereinafter “instant building”), notified the Defendant that the lease contract will be terminated if he did not perform the obligation to pay the overdue rent of KRW 18.2 million until September 25, 2014.
B. On November 3, 2014, when the lawsuit of this case was pending, D transferred the Plaintiff’s overdue loan to the Defendant, and notified the Defendant of the above transfer, and the following transfer notification was served to the Defendant. On July 15, 2015, the Defendant delivered the building of this case to the Plaintiffs.
C. There are items entered in the lease deposit amount of KRW 20 million, monthly rent of KRW 700,000 in the lease contract on the building of this case (No. 1; hereinafter “No. 1 lease contract”), deposit amount of KRW 30 million, monthly rent of KRW 700,000 (No. 5; hereinafter “No. 2 lease contract”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 5-1 to 3, Eul evidence 5, the purport of the whole pleadings
2. The parties' assertion
A. The second lease contract of the Plaintiff’s assertion is merely a formality prepared by the husband of D as it is necessary for the Defendant to get a loan from the Defendant’s side, and the first lease contract is true.
Since the Defendant did not pay the rent of KRW 2,550,000 from July 1, 2012 to July 15, 2015 (i.e., KRW 700,000 x 36.5 months), the Defendant is obligated to pay the Plaintiffs the remainder of KRW 550,000,000 after deducting the deposit of KRW 20,000 from the rent in arrears.
B. From May 6, 1993, the Defendant’s wife H was running the restaurant by leasing the instant building to I who was the owner from May 6, 1993. The ownership of the instant building on January 22, 2010.