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1. The defendant,
A. The Plaintiff A’s KRW 50,000,000 and that for this, 5% per annum from November 4, 2018 to January 24, 2019.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) completed the registration of initial ownership relating to the buildings listed in the separate sheet (hereinafter “instant buildings”) in the Suwon District Court, the Dongwon District Court and its registry office as of January 20, 2012, as indicated in the separate sheet No. 7015 (hereinafter “instant building”).
B. On February 25, 2012, Plaintiff A entered into each of the instant lease agreements. Plaintiff A’s studio in the fifth floor E of the instant building (hereinafter “studio in the instant case”).
(2) As to the lease deposit, the lease contract was concluded between March 3, 2012 and March 3, 2014 by setting the lease deposit amount of KRW 50 million and the lease period from March 3, 2012, and the transfer report was made on March 2, 2012 after paying the deposit money and receiving the delivery of the said real estate. (2) Plaintiff B concluded the lease contract by setting the lease deposit amount of KRW 50 million and the lease period from March 2, 2012 to March 1, 2014, and completed the move-in report on March 6, 2012.
C. However, on April 23, 2012, each floor, excluding “one floor, which is a parking lot and eight water tank room,” among the instant buildings, was converted into an aggregate building on April 23, 2012, and registration of preservation of ownership on each floor was completed.
On the other hand, on September 12, 2014, the instant building was voluntarily decided to commence the auction to G with Suwon District Court G, and on April 22, 2015, each of which was decided by the same court H, I, J, and K (Dual). L sold the instant building to M Co., Ltd. (hereinafter “M”) on the same day after purchasing the instant building at the above auction procedure on November 7, 2016, and M entrusted this to the Defendant on the same day.
E. In the above auction procedure, Plaintiff B received KRW 9,378,690 out of the lease deposit as a small lessee on December 13, 2016.
F. On November 3, 2018, Plaintiff A delivered the studio in the instant case E, and Plaintiff B delivered the studio in the instant case on April 14, 2014.
[Ground of recognition] Unsatisfy, A No. 1.