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1. Defendant C:
(a) KRW 4,858,532 as well as 5% per annum from July 17, 2014 to June 21, 2016; and
Reasons
1. Facts of recognition;
A. On July 30, 1987, the instant building was jointly owned by Plaintiff A, E, and F with each one-third share, and registration of ownership was completed. However, Plaintiff A acquired 1/3 of F’s share on June 15, 2005 as additional gift and Plaintiff A became the 2/3 share holder of the instant building, and Plaintiff B acquired 1/3 share of E in the auction procedure due to a compulsory auction on October 5, 201 and became the co-ownership holder.
On the other hand, on February 2, 2004, the above E entered into a lease contract with G for a period of KRW 90 million and KRW 24 months for the second floor space of the building in this case. However, at the time of the conclusion of the above lease contract, the above A and F agreed to the above lease contract.
B. A (2/3 shares) and H (1/3 shares) as co-owners of the instant building agreed on September 17, 2008 to use and manage the first and third floors of the instant building by Plaintiff A, and the second floor of the instant building by H, respectively.
C. On September 25, 2008, the circumstances of the instant I lease agreement (hereinafter “instant I lease agreement”) entered into a lease agreement with H, which stipulates that the object of the instant lease shall be leased by setting the lease deposit of KRW 90 million from October 8, 2008 to October 7, 2009 (hereinafter “the instant I lease agreement”). As to the payment of the instant I lease deposit, the amount of KRW 25 million shall be deducted from the dividend to be received by the lessee and the intermediate payment of KRW 35 million shall be paid on October 2, 2008, and the remainder of KRW 30 million shall be paid in full on October 8, 2008.
(2) J, which is the seat of the father of I, deposited KRW 25 million on September 3, 2008, and KRW 19 million on September 16, 2008 into H L and H accounts, which are H’s children. The I and H agreed to cover this as a deposit for the instant I rental agreement. Since September 30, 208, H agreed to cover the amount of KRW 40 million on September 30, 200, and the remainder of KRW 6 million in cash.