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1. The Defendant’s KRW 25,340,00 for the Plaintiff and KRW 5% per annum from November 12, 2018 to February 12, 2020 for the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 7, 2017, the Plaintiff entered into a lease agreement with the Defendant with respect to the Busan-gu Busan-gu C and D (hereinafter “instant real estate”) with respect to KRW 50,000,000, monthly rent of KRW 1,350,000, and the period from March 3, 2017 to March 2, 2019. In fact, E actually resided in the instant real estate under a lease agreement.
B. When the Plaintiff and E were in arrears two or more monthly rent, the Defendant filed a lawsuit against the Plaintiff and E on October 24, 2018 against the Plaintiff for a claim against the name of the building on the ground of termination of the lease contract (Seoul District Court 2018Gadan2925), and sentenced that “the Plaintiff and E shall deliver the instant real estate to the Defendant, and jointly deliver the instant real estate, and jointly pay the amount at the rate of KRW 13,50,000 per month from February 3, 2018 to the completion date of the delivery of the instant real estate,” and that judgment became final and conclusive as it is.
The Plaintiff paid KRW 1,350,000 to the Defendant on November 10, 2018 after the closing of the proceedings in the said lawsuit ( September 5, 2018).
C. On December 26, 2017, the procedure of voluntary auction by the application of F Co., Ltd. on the instant real estate was commenced on June 12, 2018 and the procedure of voluntary auction by the application of H Co., Ltd. on June 12, 2018. The J sold the instant real estate on November 12, 2018, and E removed from the instant real estate on November 11, 2018.
【Reasons for Recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings
2. According to the above facts of determination, the lease contract between the Plaintiff and the Defendant on the instant real estate was lawfully terminated at the latest by the Defendant’s expression of intention of termination until the date of delivery of a copy of the complaint filed by the Defendant against the Plaintiff and E (Seoul District Court Decision 2018Gadan2925). As such, the Defendant’s deposit amounting to KRW 13,50,000 among the deposit money and KRW 1,350,000 from February 3, 2018 to the completion date of delivery of the instant real estate.