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1. The Defendant and C jointly share the amount of KRW 442,698,631 from the Plaintiff to October 15, 2015, respectively.
Reasons
1. Basic facts
A. On August 14, 2012, the Plaintiff was awarded a successful bid for the instant building and completed the registration of ownership transfer in the name of the Plaintiff.
B. On December 19, 2013, the Defendant’s wife concluded a lease agreement with D, E, and the instant building, which is defined as KRW 500 million, and from January 1, 2014 to December 31, 2015, the Defendant’s wife paid KRW 500 million to F, a person holding the provisional registration of the instant building and a mortgagee, on the same day.
C. On December 20, 2013, C was registered with the name of “GMour”, the opening date of the business, and the location of the place of business as “the instant building.”
The defendant on December 30, 2013
A business registration again was made in the name of the defendant with the same content as the statement in the port, and to this end, the lessor prepared a lease agreement on the building of this case with the plaintiff and the lessee as the defendant and submitted it to the competent authority.
E. On June 10, 2014, the Plaintiff filed a lawsuit against C seeking the delivery of the instant building (Seoul District Court Seosan Branch 2014Gahap931).
The appellate court of the pertinent case (Seoul High Court 2015Na15076) rendered a judgment that D and E entered into a valid lease agreement with C on the instant building as the Plaintiff’s agent, but the Plaintiff terminated the lease contract on the grounds of C’s delay of rent. The judgment was finalized on June 6, 2017, after receiving C’s simultaneous performance of deposit for lease deposit and deducting unjust enrichment from C’s 442,698,631 to 442,69,631 to 6,191,666 won per month from October 15, 2015 to the completion date of delivery of the instant building.
F. Meanwhile, while filing a lawsuit as above on the same day, the Plaintiff filed an application for provisional disposition prohibiting the transfer of possession against C on the same day (Seoul District Court Decision 2014Kahap174, Jun. 20, 2014).