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1. The Defendant’s each of the Plaintiffs’ KRW 80,000,000 and 5% per annum from September 8, 2019 to November 12, 2019.
Reasons
1. The following facts are acknowledged in full view of evidence Nos. 1 to 4 and the purport of the entire pleadings.
A. On January 13, 2017, the Plaintiffs leased F Nos. 160,00,000, and the lease term from March 28, 2017 to March 27, 2019, among the multi-family houses on the ground of Suwon-gu E (hereinafter “instant multi-family houses”) located in Suwon-gu, Suwon-si, Suwon-si (hereinafter “instant multi-family houses”).
(hereinafter “Lease of this case”). (b)
The Plaintiffs paid the full amount of KRW 160,000,000 of the lease deposit to D by March 28, 2017, and subsequently, on March 28, 2017, the Plaintiffs acquired opposing power under the Housing Lease Protection Act on the same day after the transfer of multi-family house F after the transfer of the instant multi-family house F. and the move-in report was completed.
C. On April 14, 2017, the Defendant transferred the ownership of the instant multi-family house from D.
The Plaintiffs received the order of lease registration on July 19, 2019 by Suwon District Court 2019Kadan10032, and the registration of the lease on August 28, 2019 was completed on the said order of lease registration.
E. On September 7, 2019, the Plaintiffs delivered the instant multi-family house F to the Defendant.
2. Since the lease of this case terminated on March 27, 2019 with the expiration of the lease term, the Defendant deemed to succeed to the lease status of this case from D pursuant to Article 3(4) of the Housing Lease Protection Act is obligated to pay each of the Plaintiffs damages for delay calculated at the rate of 80,000,000 per annum under the Civil Act from September 8, 2019 to November 12, 2019, the delivery date of the multi-family houseF of this case, to which the date of delivery of the lease of this case belongs, to which the Defendant is deemed to have succeeded to the lease status of this case from D pursuant to Article 3(4) of the Housing Lease Protection Act.
In this regard, the Defendant purchased the instant multi-family house because it belongs to D's deception, and it concluded the instant multi-family house between D and D on the ground of D's fraud.