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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “instant house”), D is a licensed real estate agent, and E is a person who has worked as a broker assistant at the office of licensed real estate agents of D.
B. On April 28, 2005, the Plaintiff granted D the right of representation to conclude a monthly rent contract with respect to the instant housing. Accordingly, D entered into a monthly rent contract with F and the instant housing on behalf of the Plaintiff by setting the monthly rent of KRW 5 million, monthly rent of KRW 300,000,000, monthly rent of KRW 3000,000, and June 13, 2005 from June 13, 2005 to June 13, 2007.
C. On May 26, 2008, E entered into a lease contract with Defendant B with respect to the instant housing under the Plaintiff’s name without the Plaintiff’s consent or consent, setting the lease contract between June 18, 2008 and June 18, 2010 (hereinafter “instant lease contract”), and received the said lease deposit from Defendant B.
Defendant C obtained the consent of Defendant B, and occupied and used the instant house from June 2008, while residing in the instant house. Defendant C occupied the instant house through Defendant C.
E. The amount equivalent to the rent when the instant house was leased to another person is at least KRW 300,000 per month.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants did not have the title to occupy and use the instant house, and therefore are obligated to deliver the instant house to the Plaintiff, the owner.
In addition, as requested by the Plaintiff, the Defendants jointly pay 2.1 million won (=300,00 won x 7 months) which is equivalent to the rent from November 1, 2015 to May 30, 2016, as requested by the Plaintiff, as well as damages for delay calculated at the rate of 15% per annum from November 24, 2016 to the date of full payment, which is the day following the final delivery of the copy of the complaint of this case, as sought by the Plaintiff.