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1. The Defendant: (a) KRW 8,161,291; (b) KRW 12,967,742 to Plaintiff A; and (c) KRW 12,967,742 to each of the said money, from June 8, 2013 to June 18, 2015.
Reasons
1. Facts of recognition;
A. On January 15, 201, the Plaintiffs concluded each lease agreement with the Defendant on part of the land D (hereinafter “instant building”) in Daejeon-gu, Daejeon-gu, Daejeon-gu (hereinafter “instant building”); ① Plaintiff B leased the lease deposit of KRW 30,000,000, monthly rent of KRW 1,200,000 (prepaid from March 15, 2015), and the lease term of KRW 1st floor from March 15, 201 to 24 months; ② Plaintiff A leased the lease deposit of KRW 20,00,000, monthly rent of KRW 200,000 (from March 15, 2015), and each of the above lease deposits was leased to Defendant 21 and each of the above subparagraphs 1 and 21, respectively (hereinafter “the aforementioned lease deposit”).
B. Meanwhile, the voluntary auction procedure regarding the instant building, which was owned by the Defendant, was completed on March 20, 2013, and the registration of ownership transfer from the Defendant was completed, and the Plaintiff received 9,000,000 won out of the lease deposit, and the Plaintiff B did not receive any dividends, and the Plaintiffs transferred from the instant building to another place on June 7, 2013.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 6, and 7 (including branch numbers, if any) and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, as the building of this case was sold and the Defendant lost its ownership, the lease agreement between the Plaintiffs and the Defendant on each of the instant stores was lawfully terminated on March 20, 2013.
Therefore, the defendant has a duty to refund the lease deposit for each of the stores of this case which was not paid in the above auction procedure to the plaintiffs, unless there are special circumstances.
3. The defendant's defense that the judgment of the defendant's grounds for the appeal against the above lease deposit should be deducted from the plaintiffs' overdue debts.
The rent of each of the instant stores is KRW 1,200,000 per month and KRW 200,000 per month as seen earlier, and the Defendant.