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1. The defendants' appeal of this case is dismissed.
2. The costs of appeal shall be borne by the Defendants and due to the participation in the appeal.
Reasons
1. Facts of recognition;
A. On May 31, 1999, Defendant B completed the registration of ownership transfer with respect to neighborhood living facilities of the fourth floor size of the H4 floor in Gangnam-gu Seoul (hereinafter “instant building”). On May 22, 2013, Defendant C donated 14/100 shares of the instant building among the instant building, and 10/100 shares of each of the instant building to Defendant D, E, and F, and completed the registration of ownership transfer on the same day.
B. On May 24, 2013, Defendant B: (a) leased the instant building 122.3 square meters (hereinafter “instant store”); (b) the lease deposit amount of KRW 130,000,000 from June 1, 2013 to May 31, 2014; and (c) the lease deposit amount of KRW 5.5 million from the Defendant’s Intervenor was received from the Defendant’s Intervenor.
C. After that, Defendant B and the Intervenor newly drafted a lease agreement on March 26, 2014, and the previous lease agreement, lease deposit, lease term, monthly rent, etc. were maintained under the same conditions, but the lessor was the Defendants, and the lessee was changed to Defendant I (hereinafter “Nonindicted Company”) operated by the Intervenor joining the Defendant.
The Defendants and Nonparty Company renewed the above lease agreement on June 30, 2014, increased the monthly rent to KRW 6 million (excluding value-added tax), and set the lease period from June 30, 2014 to June 30, 2015.
E. On May 31, 2016, Nonparty Company delivered the instant store to the Defendants.
F. On the other hand, on March 27, 2015, the non-party company transferred to the Plaintiff the right to refund the lease deposit with respect to the instant store (hereinafter “instant contract for the assignment of claims”), and on December 7, 2015, the non-party company sent to Defendant B a letter of confirmation (Evidence A 10) stating that the remaining lease deposit should be paid to the Plaintiff by December 25, 2015. The Defendants, the representative of the non-party company, filed a lawsuit against the Defendants.