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1. The Defendants and the remaining designated parties shall jointly and severally serve as KRW 100,000,000 on the Plaintiff and the remaining designated parties from August 22, 2014.
Reasons
1. Basic facts
A. The Defendants and the rest of the designated parties (hereinafter referred to as the “Defendant, etc.”) jointly own the land D and E in order to jointly own the said two parcels of land D and E, and they newly construct the three-story single house and jointly complete the registration of ownership preservation.
B. On May 28, 2012, the Plaintiff concluded a lease agreement with F, etc., stating that the Plaintiff shall lease KRW 101,01 square meters of the first floor among the instant housing (hereinafter “instant housing”) as KRW 100,000,000, and KRW 24 months from July 25, 2012 to July 24, 2014, respectively, with the term of KRW 100,000,000, and that the F, upon obtaining written consent accompanied by a certificate of seal imprint from the Defendant, etc. until the remainder payment of the Plaintiff’s remainder, to deliver the Plaintiff (hereinafter “instant lease agreement”).
C. According to the above contract, the Plaintiff paid F the down payment of KRW 10 million on the day of the contract, and the Plaintiff received from F a certificate of termination and a letter of delegation signed by the Defendant, etc. (in this case, the Defendant, etc. delegated the authority to conclude the lease agreement for each of the said single houses to F), and paid F the remainder of KRW 90 million on July 25, 2012, and resided therein.
After that, the plaintiff notified the defendant et al. that he will be a director without renewal of the lease contract 30 days before the lease term expires.
However, Defendant C alleged that “Irre,” “Irre, Irre, Irre, Irre, Irre, and the person who actually received the lease should return the deposit,” and then did not give consent to the lease, Defendant B, who representing the remaining co-owners, was unable to return the deposit to the Plaintiff for the foregoing reasons on June 21, 2014, and notified Defendant C that I may return the deposit by concluding a lease contract after obtaining the consent of the following tenants.
E. The Plaintiff’s instant case on August 21, 2014.