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1. The Defendants jointly share KRW 92,810,387 to the Plaintiffs, as well as Defendant D from July 26, 2016, and Defendant E.
Reasons
1. Basic facts
A. On August 8, 2012, between Defendant D and the Plaintiffs entered into a real estate lease agreement with the terms that the Plaintiffs set the lease deposit amount of KRW 130,000,000 and KRW 504 (hereinafter “instant apartment”) in Seo-gu, Seo-gu, Seoan-gu, Incheon (hereinafter “instant apartment”) from October 20, 2012 to October 19, 2014 (hereinafter “instant lease agreement”).
B. On October 16, 2012, the Plaintiffs paid KRW 130,000,000 as lease deposit to Defendant D.
C. The Plaintiffs are 2015
3. On December 12, the apartment of this case was delivered to Defendant D.
On August 17, 2015, with respect to the apartment of this case, the procedure of the auction of real estate was commenced to G in this court upon the application for the auction of real estate by the Korea Housing Finance Corporation, which was the mortgagee of the mortgage.
E. In the above auction procedure, the instant apartment was sold to H and I on March 9, 2016, and the Plaintiffs were distributed KRW 37,189,613 on the date of distribution on April 1, 2016.
G. Meanwhile, Defendant E agreed to pay KRW 130,000,000 to the Plaintiffs by December 31, 2015 (hereinafter “instant agreement”) between Defendant E and the Plaintiffs during the said auction procedure.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated upon the expiration of the period, and since the Plaintiff delivered the instant apartment around March 12, 2015, Defendant D is a lessor of the instant lease agreement, which is jointly and severally under the instant agreement, KRW 92,810,387,00 (=37,189,613), which is the next day following the delivery date of the original copy of the instant payment order to the Plaintiffs, and Defendant D, who is the next day following the delivery date of the original copy of the instant payment order to the Plaintiffs, from July 26, 2016, and from November 12, 2016 to the day of full payment, at the rate of KRW 15% per annum as prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.