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1. Defendant B and C jointly share KRW 114,052,378 with respect to the Plaintiff and the Plaintiff from December 13, 2018 to May 31, 2019.
Reasons
1. Basic facts
A. On December 10, 2012, Defendant B, a rental house from the Korea Land and Housing Corporation, set the lease deposit amount of KRW 64,00,000,00 and KRW 460,000, monthly rent of KRW 460,000.
(A) No. 5 and hereinafter “the instant lease contract”). The instant lease contract prohibits transfer of the right of lease or sub-lease of the leased house (Article 6). In the event a lessee transfers the right of lease or sub-leases the leased house, the lease contract may be rescinded (Article 10).
B. On November 2015, Defendant D asked Defendant C, a real estate broker, to arrange for the transfer of the right to lease the instant house at the coffee shop, upon the request of Defendant B, in so far as it is located in the Dobong-dong, Seoul Special Metropolitan City.
C. On November 9, 2015, Defendant C, representing Defendant B, entered into a contract with the Plaintiff on the transfer of the right to lease of the instant housing at KRW 16,80,000,00, at the real estate agent office operated by the Plaintiff and the Defendant C in Gyeyang-gu Seoul Metropolitan City, of the right to lease at KRW 16,80,000.
(hereinafter “instant transfer contract.” The Plaintiff and Defendant C, upon entering into the instant transfer contract, indicated the instant apartment as the subject-matter of the instant apartment contract and entered into the sales contract as the special terms and conditions that “the change of name is to be responsible for the sale of the goods.”
The Plaintiff paid KRW 30,00,000,000 on November 9, 2015 under the instant transfer contract, KRW 30,000,00 on November 23, 2015, and KRW 118,000,00 on December 19, 2015 to Defendant C who represented Defendant B.
E. On March 23, 2017, Defendant C’s letter stating that “if the Plaintiff leaves the instant apartment, the Plaintiff shall pay 168,000,000 won and incidental expenses (director’s expenses, warehouse expenses), additional expenses 20,000,000 won, to the Plaintiff,” and on September 11, 2017, the contract cannot be concluded until September 22, 2017 with respect to the instant apartment.