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The defendant (Counterclaim plaintiff) C shall be 100,000,000 won, and the defendant D shall be 20,000,000 won.
Reasons
Basic Facts
A. On August 6, 2013, Defendant C leased the building listed in the separate sheet (hereinafter “instant building”) from E as of August 6, 2013, KRW 100,000 (the contract amount of KRW 10,000,000 on the date of the contract, the intermediate payment of KRW 50,000,000 shall be paid as of August 7, 2013; the remainder of KRW 40,000,00 as of September 2, 2013); the lease term of KRW 10,000 from September 2, 2013 to September 1, 2015).
(hereinafter “Lease of this case”). (b)
Defendant C paid KRW 100,00,000 as lease deposit, KRW 100,00 on August 6, 2013, KRW 50,000 on August 7, 2013, KRW 100,000 on August 27, 2013, and KRW 100,000,00 on August 27, 2013, Defendant C was handed over the instant building from E and resided there at the same time, and completed the marriage report on August 31, 2014.
C. The F succeeded to the lessor status of the instant building pursuant to Article 3(4) of the Housing Lease Protection Act by purchasing the instant building from E on November 17, 2014 and completing the registration of ownership transfer on December 16, 2014.
After that, the instant lease contract was renewed on September 2, 2015.
The Plaintiffs purchased the instant building from F on October 29, 2015 from F, and completed the registration of ownership transfer on December 24, 2015 with respect to each of 1/2 shares of the instant building.
Accordingly, the Plaintiffs jointly succeeded to the F’s lessor status as to the instant building.
E. After that, Defendant D and the Plaintiffs (the Plaintiff A is indicated as a lessor under the lease agreement, but it is reasonable to view that the Plaintiffs jointly succeeded to the status of a lessor under the lease agreement of this case, and that the following modification of the lease agreement of this case is a modification of the former lease agreement of this case) upon request of the Plaintiffs to return KRW 80,000,000, out of KRW 100,000,000 to the Plaintiffs, the instant lease agreement between the Plaintiffs and the Defendant C is terminated.