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1. Defendant C pays to Plaintiff A KRW 55,000,000, and KRW 110,000,000 to Plaintiff B.
2. The plaintiff B's defendant C.
Reasons
1. Facts of recognition;
A. On September 23, 2013, Plaintiff A entered into a lease agreement with Defendant D, the owner of a multi-family house on the ground of the Yandong-gu, Ansan-si (hereinafter “instant house”), setting the lease deposit amounting to KRW 45 million and the term of lease from November 4, 2013 to November 3, 2015 with respect to the instant housing F.
Plaintiff
A around that time, he paid the above lease deposit of KRW 45 million to Defendant D, and began to reside after completing resident registration after receiving the instant housing F.
Since then, on December 2017, Plaintiff A and Defendant D agreed to increase the lease deposit in KRW 55 million, and Plaintiff A paid KRW 10 million to Defendant D around that time.
B. On April 21, 2014, Plaintiff B entered into a lease agreement with Defendant D by setting the lease deposit amount of KRW 100 million with respect to the instant housing G, and the term of lease from May 31, 2014 to May 31, 2016.
Plaintiff
B around that time, Defendant D paid KRW 100 million for the above lease deposit, and began to reside after completing resident registration after receiving the instant housing G.
On May 31, 2016, Plaintiff B and Defendant D agreed that the lease deposit shall be increased to KRW 110 million, and the lease term shall be extended to May 31, 2018. The Plaintiff B paid KRW 10 million increased to Defendant D around that time.
C. On March 2018, Plaintiff A and Plaintiff B demanded Defendant D to refund the deposit for lease on the ground that the lease contract was terminated or terminated before the extended lease term expires. D.
Defendant D sold the instant house to Defendant C on June 13, 2018, and completed the registration of ownership transfer in Defendant C’s name on June 14, 2018.
[Ground of recognition] Facts without dispute, Gap's entries in Gap's Evidence Nos. 1 through 4, Gap's Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. Article 6(1), (2), and (1) of the Housing Lease Protection Act, which causes a claim.