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1. The Defendant shall pay to the Plaintiff KRW 34,963,364 and the interest rate of KRW 15% per annum from February 7, 2017 to the day of full payment.
Reasons
1. Basic facts
A. On April 18, 2005, the Plaintiff entered into a lease agreement with C on April 18, 2005, and jointly owned by D, E, and F in 1/3 shares, Jongno-gu Seoul Metropolitan Government G201 (hereinafter “instant 201”).
(2) On May 21, 2005, the lease deposit amount of KRW 55,00,000 and the lease deposit amount of KRW 24 months from May 20, 2005 was concluded, and the Plaintiff received KRW 55,000,000 on May 20, 2015, and received KRW 201. The Plaintiff agreed to increase the lease deposit amount of KRW 5,00,000 with C, and paid KRW 60,000 on May 21, 2005, and the total amount of the lease deposit was KRW 60,000,000,000. 2) as co-owners D, E, and F, as co-owners.
3) On May 23, 2005, the Plaintiff completed the move-in report as of May 201, and obtained the fixed date from the above lease contract as of the 26th of the same month, and the instant lease contract was implicitly renewed after the expiration of the initial lease term. (B) The Defendant obtained the registration of ownership transfer for 2/3 shares in the instant 201 out of the instant 201 on the ground of payment in kind as of November 13, 2007 from D and E, respectively, and became the sole owner of the instant 201 on the same day on the ground of payment in kind as of November 6, 2007.
2) Meanwhile, even after the Plaintiff acquired ownership as to subparagraph 201 of this case, the Defendant occupied 201. C. Auction and dividend 1) On April 24, 2003 with respect to F’s 1/3 portion among subparagraph 201 of this case, the provisional attachment registration was completed in the name of creditor H on April 24, 2003. On November 21, 2011, the procedure for the compulsory auction of real estate was commenced to the Seoul Central District Court I, and on December 30, 2011, the Plaintiff filed an application for the report of right and demand for distribution with a view to paying a lease deposit at the above auction procedure.
2 thereafter, equity in 1/3 of the instant No. 201 shall be held on December 2012.