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1. The Defendants jointly share the delivery of real estate stated in the separate sheet from the Plaintiff, and 50,000.
Reasons
1. Basic facts
A. On February 23, 2014, the Plaintiff: (a) leased, from March 9, 2014 to March 8, 2016, real estate specified in the separate sheet (hereinafter “instant real estate”), each of which the Defendants owned 1/2 shares (hereinafter “the instant real estate”); (b) paid the Defendants the deposit amount of KRW 50 million; and (c) began to possess the instant real estate after paying the Defendants the deposit amount of KRW 50 million.
B. On January 7, 2015, Defendant C donated 1/2 shares of the instant real estate to Defendant B, and completed the ownership transfer registration on the same day.
C. On January 23, 2015, the Plaintiff expressed to the Defendants the intent to terminate the lease agreement with the Defendants and to demand the return of the rental deposit paid, on the grounds that the Plaintiff, a lessee, transferred the said share to Defendant B without the Plaintiff’s consent, when there is a multiple provisional attachment order regarding the share of the instant real estate by Defendant B.
As of the closing date of the instant case, the Plaintiff occupied the instant real estate.
The Plaintiff stated that the instant real estate was delivered to the Defendants in the written application for payment order stated as the complaint, but the Plaintiff appeared directly on the date of the first pleading and stated that the instant real estate was occupied without delivering it to the Defendants.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, purport of the whole pleadings
2. The assertion and judgment
A. Although the transfer of the lessor’s position in the first lease contract to determine the cause of the claim involves the transfer of the lessor’s duty, the lessor’s duty does not vary particularly by whom the lessor is a person, and is almost fully able to perform the duty as the owner of the object, and from the standpoint of the lessee, succession of the duty to the new owner even from the standpoint of the lessee.