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1. The Plaintiff:
A. Defendant A and Defendant B jointly pay KRW 23,331,096;
B. Defendant C and Defendant D shall be in annexed Form.
Reasons
1. Basic facts
A. On May 22, 2015, the Plaintiff purchased all real estate listed in the separate sheet Nos. 1 and 2 from Nonparty E and F, and on June 22, 2015, the Plaintiff completed the registration of ownership transfer on the said real estate on May 22, 2015.
B. On June 30, 2010, Defendant A and Defendant B leased each of the above real estate as to the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1 of this case”) as the husband’s family members, with the lease deposit amount of KRW 50,000,000, monthly rent of KRW 3,000,000, and the lease period of KRW 24 months.
(2) However, Defendant A and Defendant B drafted two copies of the real estate lease agreement in which each deposit for lease was KRW 25,000,000 for convenience due to tax issues, etc., and KRW 1,500,000 for monthly rent (excluding value-added tax).
(3) Defendant A and Defendant B jointly occupied, used, and operated a restaurant with the trade name “G” while jointly occupying, using, and using, the instant real estate under the said lease agreement. On March 11, 2015, Nonparty E and F terminated the instant lease agreement with Defendant A and Defendant B on the ground that “I was in arrears with nine-month rent under the lease agreement,” and by June 15, 2015, the Plaintiff sent the content certification (Evidence 2-1 and 2) stating the declaration of intention to deliver the instant real estate, and on July 2, 2015 and July 3, 2015, returned KRW 37,530,000 remaining lease deposit after deducting KRW 12,470,000 from the monthly rent in arrears with Defendant A and Defendant B.
(4) On August 11, 2015, Defendant A and Defendant B discontinued “G” and delivered the instant real estate first to the Plaintiff on January 27, 2016.
According to the statement No. 10-1 of the evidence No. 10, Defendant A and Defendant B sent the key of the instant real estate No. 1 by registered mail to the Plaintiff on January 27, 2016, and the Plaintiff refused to accept the key. Thus, insofar as the Plaintiff has no justifiable reason to refuse to accept the key.