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1. The defendant shall pay to the plaintiff KRW 52,340,050 and KRW 36,177,920 among them, from November 8, 2016 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff, as a management body of the building A located in Yongsan-gu, Yongsan-gu, Yongsan-gu (hereinafter “instant building”), is performing the management of the instant building.
B. D owned the instant commercial building Nos. 101, 103, 104, and 105 (hereinafter “instant commercial building”) (hereinafter “instant commercial building”) entered into a lease agreement with E on January 27, 2010, and D, from February 1, 2010 to January 31, 2015, set the instant commercial building to be leased as KRW 100 million for lease deposit, KRW 4.5 million for monthly rent (hereinafter “instant first lease agreement”), and transferred the instant commercial building to E on February 1, 2010, and E operated a driving range in the instant commercial building from that time.
C. On December 29, 2011, D agreed to change the lessee regarding the instant commercial building to the Defendant, who is the husband of E, and on the same day D concluded a lease agreement with the Defendant, setting the instant commercial building as KRW 100 million from January 1, 2012 to January 31, 2015 (excluding value-added tax) for the lease period, KRW 4.5 million from January 1, 2012 to January 31, 2015 (hereinafter “instant lease agreement”). The instant lease agreement was concluded, including the instant lease agreement Nos. 1 and 2.
D entered into a sales contract between F and G on August 15, 2014 with the content that D sells the instant commercial building to F, etc.
In addition, H, the Defendant, on behalf of the Defendant on the same day, entered into a contract with F, G, and the Defendant, on behalf of the Defendant, to sell all kinds of facilities such as screen golf equipment and interior, installed in the instant commercial building, to F, etc. for KRW 100 million.
E. D sent a notice of termination of the Real Estate Sales Contract to F, etc. on November 14, 2014, when F, etc. failed to perform the sales contract for the instant commercial building that was concluded with D, and D sent the notice of termination of the said sales contract to F, etc.
F. H each of the instant cases from D around February 2015.