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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from August 1, 2015 to the date of complete payment.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each statement of evidence Nos. 1 to 10 and evidence No. 10.
around March 198, 1998, his father C and D contracted the construction work to the Plaintiff while constructing the F lending, a multi-household, a multi-household (hereinafter referred to as the “F lending”) on two lots outside Dongdaemun-gu Seoul, Dongdaemun-gu and two lots.
B. Since around March 2005, FJD’s owner changed to the Plaintiff and Defendant and three others, but C performed the construction of FJD on behalf of the Defendant on March 12, 2007, which was prior to the approval of the use of the building, and leased the lease deposit of KRW 401 and 402 to G on March 12, 2007, with the lease deposit of KRW 70 million and the lease term of KRW 48 months.
C. Since then C was unable to refund the lease deposit to G, around August 201, upon borrowing KRW 60 million from the Plaintiff, C entered into a lease agreement with the Plaintiff on August 28, 201 to the Plaintiff from August 15, 2011 to August 14, 2013 (hereinafter “instant lease”) with the lease term of KRW 401,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000).
On November 8, 2011, the Plaintiff used the walls between 401 and 402 as one household by cutting off the walls between 401 and 402, which were owned by the Plaintiff and 402, after obtaining a fixed date of the said lease agreement and filing a move-in report with 401.
E. Meanwhile, on June 21, 2012, H confirmed that the Defendant’s agent C had not been transferred to the Defendant’s 401 (the registration of preservation of ownership was completed in the Defendant’s future on September 1, 2011) and completed the registration of the establishment of a right to lease on a deposit basis, one of his own children, in order to secure his claim by lending KRW 30 million to the Defendant and completing the registration of the establishment of a right to lease on a deposit basis, respectively.
F. After that, on March 5, 2013, with respect to No. 401 upon the application of H, for which the Defendant was unable to receive the above loan from the Defendant, the auction procedure (Seoul Northern Northern District Court J real estate auction) was in progress, I is above.