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The defendant shall pay to the plaintiff KRW 87,285,791 as well as 5% per annum from June 1, 2016 to December 24, 2020 and the next day.
Reasons
1. Basic facts
A. C on July 14, 1978, completed the registration of ownership transfer with respect to the Seocho-gu Seoul Metropolitan Government D and 2-ground E apartment F (hereinafter “instant apartment”). On August 16, 2005, C donated the instant apartment to the Plaintiff and completed the registration of ownership transfer with respect to the Plaintiff on the same day.
B. On July 23, 2014, the Plaintiff, who was residing in Washington, entrusted the Defendant with the authority to receive the lease contract and the deposit for lease regarding the instant apartment (hereinafter “instant delegation contract”). On behalf of the Plaintiff, the Defendant, on July 22, 2014, leased the instant apartment to G with the term of lease from August 30, 2014 to August 29, 2016 (hereinafter “instant lease contract”); (a) leased the lease deposit at KRW 750,000,000 (hereinafter “the instant lease contract”); and (b) from G with the lease deposit at KRW 65,00,000 on July 25, 2014; and (c) received the remainder of the lease deposit at KRW 85,000,000 on July 27, 2014 (hereinafter “the remainder of the lease deposit”).
C. On August 29, 2014, the Defendant returned KRW 650,00,000 to H, a former lessee of the instant apartment, as the instant lease deposit.
On May 11, 2016, the Plaintiff sold the instant apartment at KRW 1,060,000 to I and J, and completed the registration of ownership transfer on the instant apartment on the 31st day of the same month. However, when I and J succeeded to a lessor status from the Plaintiff under the instant lease agreement, only KRW 310,000,000 (= KRW 1,060,000,000 - 750,000,000) were paid to the Plaintiff.
E. Meanwhile, C (hereinafter “the deceased”) died on November 3, 2016, and the Defendant is the deceased’s spouse, and the Plaintiff, K, and L are the children of the deceased and the Defendant.
[Based on recognition] Gap evidence Nos. 1, 2, 5, 6, 9, 8, 10, Eul evidence Nos. 1-1, Eul Nos. 2, 3, 11, and 12, and the result of this court's order to submit financial transaction information to M&A, and the purport of the whole pleadings.