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1. The Defendant’s KRW 29,580,00 for the Plaintiff and KRW 5% per annum from July 23, 2019 to February 14, 2020 for this.
Reasons
1. Facts of recognition;
A. On February 11, 1983, the Plaintiff completed registration of initial ownership relating to the building listed in the annexed Table 1 list (hereinafter “instant building”).
B. The first floor of the instant building is four stores as shown in the annexed Form 2. The Plaintiff’s mother D (hereinafter “the deceased”) managed the instant building before April 30, 2017, and received rent from the lessee of each of the said stores.
C. On August 1, 1991, the Defendant leased a store E (hereinafter “instant store”) among the first floor of the instant building from the Deceased, and sold ginseng at the said store, etc., and the said lease agreement was continuously renewed.
On December 24, 2015, the Deceased prepared the last lease contract with the Defendant, and according to the above lease contract, the Deceased leased the instant store to the Defendant as the Plaintiff’s agent, and its rent is KRW 1.8 million per month.
(hereinafter “instant lease agreement.” Under the instant lease agreement, the Defendant paid the deceased a car to F, who is another son of the deceased, after the deceased’s death, until the deceased’s death.
E. After September 14, 2018, the Defendant concluded a lease agreement with the Plaintiff on the instant store, and determined that the instant store is KRW 1.3 million per month. Accordingly, on October 10, 2018, the Defendant paid KRW 1.3 million to the Plaintiff from September 14, 2018 to October 13, 2018.
F. On the other hand, on June 2, 2017, F filed a lawsuit against the Plaintiff seeking the implementation of the procedure for ownership transfer registration on the instant building on August 25, 2016.
(U) On June 12, 2018 in the instant case, the Plaintiff: (a) performed the registration procedure for transfer of ownership for sale on August 25, 2016 with respect to the instant building to F and the Intervenor (the Intervenor in the relevant case) by September 14, 2018; and (b) performed the registration procedure for transfer of ownership for sale on August 25, 2016.