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1. The defendant shall receive KRW 80,000,000 from the plaintiff, and at the same time, real estate listed in the attached Table shall be the plaintiff.
Reasons
1. On April 24, 2007, the Plaintiff acquired the ownership of real estate listed in the separate sheet (hereinafter “instant house”) and the Defendant is the lessee who leased and resided the instant house before the time when the Plaintiff acquired the ownership of the instant house.
When acquiring the ownership of the instant housing, the Plaintiff succeeded to the lease agreement between C and the Defendant, the seller, at the time of concluding the sales agreement. At the time, the lease deposit for the instant housing was KRW 50,000,000.
[Reasons for Recognition] A.1-1, 1-2, purport of the whole pleadings
2. The assertion and judgment
A. On June 2013, the Plaintiff asserted that the Defendant sought the return of KRW 80,000,000 from the deposit for lease to the Defendant, and at the same time, provided that the Plaintiff would deliver the instant house to the Plaintiff and would deliver the instant house to the Plaintiff. Accordingly, the lease agreement on the instant house was terminated.
However, since the Plaintiff succeeded to KRW 50,000,000 from the seller of the instant house, the Plaintiff did not have received KRW 30,000,000 as the deposit increased by the Defendant until now. Therefore, the Defendant should deliver the instant house to the Plaintiff simultaneously with receiving KRW 50,00,000 from the Plaintiff.
B. In light of the following facts or circumstances, it is reasonable to view that D or F has increased the lease deposit amount to KRW 80,00,00 as a representative delegated with the authority to manage the instant housing comprehensively by the Plaintiff, or that it was recognized that D or F has increased to KRW 80,00,00 as a representative delegated by the Plaintiff with the authority to manage the instant housing, in view of the following facts or circumstances acknowledged by the respective descriptions in B-2, 4-1, 4-2, 4-2, 5, and 6, as the Plaintiff’s seal ownership dispute, and the Plaintiff and the Defendant’s housing.