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1. The Plaintiff, Defendant A, and Defendant A, KRW 28,419,390, KRW 18,946,260, and each of them shall be repaid from September 30, 2017.
Reasons
1. Basic facts
A. On November 24, 2003, the Plaintiff leased to D the first-fourths of the buildings listed in the attached Table 1 list (hereinafter “instant real estate”) KRW 160 million in the lease deposit and KRW 5.9 million in the monthly rent. On March 8, 2004, the former District Court received the indictment for all-round documents on the instant real estate as of March 8, 2004, as of KRW 13148, the registration of establishment of chonsegwon for lease on a deposit basis (hereinafter “registration of lease on a deposit basis”).
B. D’s failure to pay a monthly rent, thereby entering into a lease agreement to change the lease deposit amount from KRW 200 million to KRW 100 million (hereinafter “the first change agreement”), and the Plaintiff did not pay a rent continuously, and on January 1, 2009, leased the first and fourth floor of the instant real estate to Nonparty E with KRW 40 million as the lease deposit, and the Plaintiff entered into a lease agreement to change D’s lease deposit amount from KRW 60 million to KRW 4 million as the monthly rent (hereinafter “the second change agreement”). However, only the content of the first change agreement was made on March 28, 2013.
C. Meanwhile, D’s monthly rent which was not paid to the Plaintiff by January 31, 2009 was KRW 127,900,000 [123,90,000 for monthly rent x 4,000,000 for January 31, 2009]. D’s monthly rent was paid KRW 27,90,000 for part of the overdue rent on February 18, 2009, and paid KRW 100,000 for the remainder of the overdue rent 10,000 for the lease deposit that should be refunded by the Plaintiff due to the first amendment to the contract.
D The overdue rent that was unpaid from February 28, 2009 to October 31, 2016, the delivery date of the instant real estate, is KRW 62,00,000, electricity usage fee of KRW 3,322,480, urban gas fee of KRW 39,100, and water supply and sewerage fee of KRW 950,330,00 as shown in attached Table 3.
E. D A died on August 13, 2016, and the heir’s spouse was 3/7 shares by Defendant B and C, respectively, and D’s shares by 2/7.