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1. The Defendant shall pay 84,00,000 won to the Plaintiff and 15% per annum from December 6, 2018 to the date of complete payment.
Reasons
1. Basic facts
A. As to the Defendant’s D Apartment E (hereinafter “instant apartment”), each ownership transfer registration was completed in the name of the Plaintiff on January 25, 1995, November 16, 2010, the F Co., Ltd. (hereinafter “F”), August 14, 2014, and September 19, 2014.
B. In the case of the Suwon District Court in Sung-nam Branch I real estate auction for the apartment of this case, which was owned by the Plaintiff, the Defendant participated in the distribution as a lessee. On October 26, 2017, the court of execution prepared a distribution schedule with the content that the Defendant (Lessee) distributes the amount of KRW 84,00,000,000, and KRW 215,628,850, and KRW 360,000, and KRW 65,721,360, and KRW 360 to the J Co., Ltd. (the applicant creditor, the mortgagee, and the mortgagee) to the Republic of Korea (the seizure authority) in the first order from the date of distribution implemented on October 26, 2017.
C. The Defendant received dividends of KRW 84,000,000 in accordance with the above distribution schedule.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 12 and 13, the purport of the whole pleadings
2. The Plaintiff asserts that, even if the Defendant was not a genuine lessee, the Plaintiff submitted a false lease contract to the auction court and received dividends of KRW 84 million as a lessee. Therefore, the Plaintiff asserts that, without any legal ground, he obtained profit equivalent to the above dividends and thereby incurred damages equivalent to the same amount to the Plaintiff.
In other words, on November 16, 2010, the Defendant drafted a lease agreement (hereinafter “instant lease agreement”) that leases the instant apartment from F with F to F in advance payment for the monthly rent of KRW 1 million, and KRW 48 months between F and F. The lessorF is a company for which the father of the Defendant is the representative director, and ② the lessorF is a company for which the Plaintiff’s father is the representative director.