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1. The Defendants: (a) from January 23, 2013 to August 6, 2014, each of the Plaintiff KRW 198,910,094; and (b) from January 23, 2013 to Defendant A.
Reasons
1. Determination as to claims against Defendant A and C
A. The description of the claim is as shown in the annexed sheet of claim.
(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts.
2. Determination as to the claim against the defendant B
A. The facts of recognition (1) Defendant A, B, and network D (Death on December 28, 2012) own 1/3 shares each of the following subparagraphs: (a) Gangnam-gu Seoul Metropolitan Government building Nos. 301, 302, 303, and 307 (hereinafter “each of the instant real estates”).
(2) On July 28, 2006, Defendant B delegated the authority to Defendant A, including the conclusion of a lease agreement and the establishment of a right to lease on a deposit basis for each of the instant real estate.
(3) On July 28, 2006, Defendant A entered into a lease agreement between the Plaintiff and the Plaintiff on the condition that each of the instant real estate shall be leased at KRW 200 million, monthly rent of KRW 5 million, and the monthly rent shall be paid from January 2007 (hereinafter “instant monthly rent agreement”).
(4) Meanwhile, the Plaintiff and Defendant A entered into a special agreement on the monthly rent contract of this case, by converting the monthly rent to the deposit money as secured by the Plaintiff’s budget. The instant monthly rent contract was amended, and the rate of the monthly rent conversion to the previous monthly rent was 12% per annum.
(hereinafter) (5) On January 8, 2007, pursuant to the instant special agreement, the Plaintiff entered into a lease agreement with Defendant A to convert the monthly rent of KRW 5 million under the instant monthly rent contract into a lease deposit agreement (hereinafter “instant lease agreement”) with the terms of converting the monthly rent of KRW 500 million into the lease deposit amount. Accordingly, the Plaintiff paid KRW 500 million increased deposit to Defendant A.
(6) On February 7, 2007, the Plaintiff received a registration of establishment of chonsegwon with a deposit amount of KRW 700 million on the entire real property of this case.
(7) Meanwhile, on November 3, 201, an application for voluntary auction filed by a bank, which is a senior mortgagee with regard to 303 of the instant real estate (hereinafter “instant 303”), among the instant real estate.