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1. Defendant B shall pay to the Plaintiff KRW 55,00,000 and the interest rate of KRW 15% per annum from November 1, 2018 to the date of full payment.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
(a) as shown in the grounds for the attachment of the claim;
(limited to part on Defendant B). (b)
Applicable provisions of Acts: Judgment by deemed confession (Article 208 (3) 2 of the Civil Procedure Act)
2. The Plaintiff’s claim against Defendant C: (a) the Plaintiff transferred the right to lease the above apartment to the Plaintiff as the actual lessee (i.e., the lease of the apartment from the Korea Land and Housing Corporation by lending the name of Defendant B after purchasing the subscription passbook from Defendant B), which is the apartment of this case; and (b) the Plaintiff failed to perform the obligation to change the name of the lessee as originally agreed upon; (c) the above right to lease the apartment of this case was terminated; and (d) the Defendant C entered into the contract for the transfer of the right to lease of the apartment of this case by deceiving the Plaintiff without the intention to change the name of the lessee; and (e) the above contract was cancelled, asserting that the contract was cancelled because the Defendant C did not have any intention to transfer the right to lease the apartment of this case by deceiving the Plaintiff.
According to the statements in Gap evidence Nos. 2-1, 2, and 3, it is recognized that the plaintiff remitted the transfer price of KRW 55 million to defendant C's account.
However, in order for the Plaintiff to claim the termination or cancellation of the instant apartment lease transfer contract against Defendant C, as alleged above, the Defendant C should be presumed to be a party to the said contract. However, the fact of transfer of the said transfer price or other evidence submitted by the Plaintiff is insufficient to recognize that Defendant C is a substantial party to the said apartment lease contract, which purchased the passbook from Defendant B, or the said apartment lease transfer contract, as alleged by the Plaintiff, and there is no other evidence to acknowledge it.