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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from February 12, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a lease agreement between the Plaintiff and B and the Plaintiff’s occupancy 1) for the purpose of stabilizing the residence of low-income homeless persons, and entered into a lease agreement with the housing owner with the Housing and Urban Fund as financial resources, and sublet it to a person eligible for support (hereinafter “rental housing support project”).
(2) On December 6, 2013, the Plaintiff, as part of the Rental Housing Support Project, leased 202 houses out of D’s multi-family housing owned by B (hereinafter “instant house”) as part of the Rental Housing Support Project, and entered into a lease agreement with C, a person eligible for support, with the term of December 17, 2013 to December 16, 2015, setting the lease deposit amount of KRW 40 million, and the lease agreement with C, a person eligible for support, to move into the instant house.
(hereinafter “instant lease agreement”). At the time of entering into the instant lease agreement, C signed and sealed the occupant’s column of the lease agreement in the capacity of occupant.
3) Then, between C and C on December 6, 2013, the Plaintiff: (a) leased the instant house to C; (b) concluded a lease agreement stating that the Plaintiff shall pay KRW 38 million out of the lease deposit to C; (c) the Plaintiff shall pay KRW 63,640 as monthly rent to C; and (d) the Plaintiff shall pay KRW 63,640 as monthly rent to the Plaintiff (title is a lease agreement, but its substance is a sub-lease agreement).
(4) On December 6, 2013, C completed the resident registration of the instant house, and C transferred the said house from December 17, 2013 to reside therein.
B. On July 2, 2014, the Defendant purchased a multi-family house including the instant house from B on July 2, 2014, and on October 31, 2014, the Defendant completed the registration of ownership transfer with respect to the said multi-family house. (2) At the time of the sales contract between the Defendant and B, the Plaintiff was the lessee of the instant house, and entered into the Defendant as “lease B, lessee C, lease deposit amount of KRW 40 million, and KRW 50,000 per month rent.”