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1. The Defendant is the Plaintiff’s Dongjak-gu Seoul E-building F head (156.96m2) from the Plaintiff, and the said E-building from the Plaintiff B.
Reasons
1. The fact of recognition ① On December 8, 2015, Plaintiff A paid KRW 50 million on December 29, 2015, pursuant to a lease agreement concluded with Nonparty H (hereinafter “Nonindicted Party”) on the Fho Lake (156.96m2) of the Dongjak-gu Seoul Metropolitan Government Ebuilding on December 8, 2015, and completed the move-in report.
② On February 13, 2016, Plaintiff B paid a deposit of KRW 50,00,00 to the same day on February 25, 2016, in accordance with a lease agreement concluded with the Nonparty regarding the said E-building G (electric site area 226.68 square meters) on February 13, 2016. Nonparty B, who is a foreign nationality of Plaintiff B, completed Plaintiff B’s foreigner registration by having Nonparty B’s stay place of residence on May 12, 2016. Plaintiff B completed the move-in report on July 27, 2018.
(3) On May 24, 2016, the Nonparty concluded a security trust agreement with the Defendant on each of the instant real estate, and completed the registration of ownership transfer on the grounds of trust on May 26, 2016.
④ Since each of the above lease agreements has been impliedly renewed until now, the Plaintiffs notified the Defendant of the termination of each of the above lease agreements by serving the written complaint of this case.
[Ground of appeal] Facts without dispute, Gap's statements (including additional numbers) Nos. 1 through 5, the purport of whole pleading
2. According to the above facts of recognition, the plaintiffs acquired opposing power as stipulated in Article 3(1) of the Housing Lease Protection Act by moving into the real estate of this case and closing the moving-in report or foreigner registration. Since the defendant subsequently succeeded to the lessor's status pursuant to Article 3(4) of the Housing Lease Protection Act by accepting the real estate of this case from the non-party and completing the registration of transfer of ownership for this reason, the above lease deposit amount of 50 million won and this amount shall be paid to the plaintiffs for delay of 5% per annum as stipulated in the Civil Act from the following day of receiving the transfer of each of the real estate of this case to the day