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1. The Defendants are jointly and severally liable to receive 406 units from the Plaintiff among the buildings listed in the separate sheet.
Reasons
1. Basic facts
A. The buildings listed in the separate sheet (hereinafter “instant building”) are co-ownership of the Defendants who are in a spouse relationship with each other.
B. From the construction of the instant building to around July 28, 201, the Defendants’ father D entered into a lease agreement with the Defendants on each of the instant units of the instant building under the name of the Defendants, and received deposit and monthly rent from the lessee. Upon termination of the lease agreement, D had actually managed the instant building, such as returning deposit money to the lessee. However, D had Defendant B or E, who had resided in the instant building from around 2003, performed administrative affairs regarding the conclusion of the lease agreement on the instant building and the monthly rent of deposit.
C. Accordingly, from around 2003 to around D, E entered into a lease agreement on each subparagraph of the instant building in the name of the lessee and the Defendants on behalf of D, and continued to enter into a lease agreement between the lessee and the Defendants, even after D’s death, until October 2012, and performed the business of collecting deposits and monthly rents.
C. D received a deposit or monthly rent from a lessee to its own account (F) and managed it, from around 201, it also received a deposit and monthly rent from the head of the Tong in the name of the Defendant C.
On the other hand, E, after the death of D, was directly managed by the passbook in the name of Defendant C, and was deposited into the Nonghyup Bank account in the name of Defendant C as the deposit and monthly rent under the name of the Defendants.
The Defendants granted to E the right of representation to conclude a monthly rental agreement on each subparagraph of the instant building.
E. On October 14, 2012, E is between the Plaintiff and the Plaintiff on October 14, 2012. Of the instant building, deposit money of KRW 35,00,000 and lease period of KRW 12 months from November 14, 2012 to November 13, 2013.