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1. The Defendant’s KRW 82,430,543 as well as the Plaintiff’s annual rate from March 5, 2015 to June 23, 2016.
Reasons
1. Basic facts
A. On September 10, 1994, the Plaintiff and the Defendant filed a lawsuit claiming divorce against each other (hereinafter “instant divorce lawsuit”). On April 27, 2012, the Gwangju District Court accepted part of the Plaintiff’s claim for divorce and the Plaintiff’s claim for consolation money, and declared a judgment ordering division of property. The said judgment became final and conclusive on May 17, 2012.
B. On April 16, 2012, immediately before the issuance of the above judgment, the Defendant leased D ground buildings (hereinafter “instant building”) in the name of Dongyang-si, the Defendant registered ownership transfer under the Defendant’s name C, to E for a lease of KRW 120,00,000 for a lease period of KRW 120,000,000, and received the lease deposit amount of KRW 120,000 from E.
C. On May 8, 2012, the Plaintiff filed a lawsuit seeking nullification of a lease agreement with the Defendant, a non-authorized authority, on the ground that E entered into a lease agreement with the Defendant on the ground that the instant building and its site (hereinafter “each of the instant real estate”) after obtaining the registration of ownership transfer from C with respect to the instant building and its site (hereinafter “the instant real estate”) and completed the lease agreement with C, but was sentenced to the judgment dismissing the claim on July 3, 2013 on the ground that the Defendant had justifiable grounds to believe E as a title truster of the instant building.
The appellate court (Seoul District Court 2013Na8065) rendered a judgment dismissing an appeal on May 21, 2014 on the ground that the Plaintiff implicitly delegated the right to lease the instant building to the Defendant, and the said judgment became final and conclusive on September 22, 2014 following the judgment dismissing the appeal.
E filed a lawsuit against the Plaintiff on the grounds of a lease agreement with the Defendant to claim for the return of lease deposit, etc. by the Plaintiff as the party members 2013Gahap2932. On September 4, 2014, the party members want to pay to the Plaintiff KRW 120,000,000 for the deposit deposit and KRW 2,50,000 for the boiler repair cost, and KRW 122,50,000 for the boiler repair cost that the Defendant promised to pay to E.