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1. The defendant shall pay 38 million won to the plaintiff and 20% per annum from December 2, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On October 6, 2010, the Plaintiff leased a house of 1st underground and 2nd ground located in Nam-gu Incheon Metropolitan City (hereinafter “instant house”) from C with a lease deposit of 85 million won and a rent of 200,000 won, and around that time, paid the lease deposit and resided in the instant house.
B. On December 4, 2012, C’s agent E entered into a contract with F, the Defendant’s spouse, to exchange (hereinafter “instant exchange contract”) the instant housing and G apartment 101 Dong 301 (hereinafter “instant apartment”) owned by Gangseo-gu Seoul Metropolitan Government (hereinafter “instant apartment”). On December 31, 2012, C’s agent completed the registration of ownership transfer in the Defendant’s future.
C. On December 24, 2012, the Plaintiff entered into a new lease agreement with the Defendant to reduce the lease deposit amount to KRW 60 million without rent regarding the instant housing (hereinafter “instant lease agreement”). D.
On October 18, 2013, upon the application of the Credit Cooperatives due to the shocking of the mortgagee, a decision to voluntarily commence the auction on the instant housing was rendered, and thereafter the said decision was subsequently awarded to a third party. On September 29, 2014, the Plaintiff received dividends of KRW 22 million as a small lessee in the distribution procedure.
[Ground of recognition] Facts without dispute, entry of Gap1 to 7 evidence, and purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant, a lessor of the instant lease agreement, is obligated to pay to the Plaintiff, a lessee, the amount of KRW 38 million (60 million - 22 million) unpaid and damages for delay calculated at the rate of 20% per annum from December 2, 2014 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, to the day of full payment.
3. The defendant's assertion is that C completes the registration of transfer of ownership in the name of a third party on the instant house at the time of the instant exchange contract.