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1. Defendant C pays KRW 55,200,000 to the Plaintiff.
2. Plaintiff’s claim against Defendant B and Defendant C.
Reasons
1. Basic facts
A. On September 2, 2015, Defendant B entered into a monthly rent agreement with Defendant C, the owner of the instant apartment, with the term of lease from October 8, 2015 to October 7, 2017 (hereinafter “instant contract”).
B. On January 19, 2017, the Plaintiff transferred KRW 50,000,000,000, out of KRW 1000,000,000 to Defendant B’s claim for the return of the deposit to Defendant C under the instant contract, and notified Defendant C by content-certified mail on February 2, 2017, and the Defendant C received it around that time.
C. On October 20, 2017, Defendant B entered into a contract with Defendant C to set the same deposit and monthly rent, to extend the term of lease to one year by October 7, 2018, and continued to reside in the instant apartment.
On January 16, 2018, the Plaintiff: (a) transferred KRW 40,00,000, out of the claim for the return of the deposit that remains after being additionally transferred by Defendant B; and (b) notified the Defendant C by content-certified mail; and (c) the Defendant C received the same on January 17, 2018.
E. Defendant B continued to reside in the instant apartment even after the expiration of the lease term under the above extension contract, and delivered the said apartment to Defendant C while leaving the instant apartment on April 7, 2019. At that time, Defendant B paid KRW 34,80,000 to the sum of the rent unpaid to Defendant C under the lease contract, and Defendant C paid KRW 10,000 to Defendant B, out of the deposit deposit amount under the instant contract, which was not transferred to the Plaintiff (=10 million won - 50,000 won - 40,000 won).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 (including branch numbers for those with additional numbers; hereinafter the same shall apply) to Gap evidence Nos. 3, Eul evidence Nos. 1, Eul evidence Nos. 3 and the purport of the whole pleadings
2. Determination
A. Based on the criteria for determination, a lease agreement is in effect.