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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,000,000 and the interest rate thereon from November 17, 2016 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) On October 12, 2009, the Plaintiff (hereinafter “instant building”) No. 303 of the Daejeon Seo-gu Daejeon District Court Decision D No. 303 (hereinafter “instant building”).
(2) E, the owner of the instant building, entered into a lease agreement with the term of October 12, 2009 to November 19, 201, under which the lease deposit amount of KRW 30,000,000 for the instant building was determined, and around November 2009, E paid KRW 30,000 for the lease deposit and completed the move-in report on November 16, 2009 upon the delivery of the instant building from E. (2) E sells the instant building to F on April 8, 2010 to KRW 36,50,000,00 for the instant building, and completed the registration of ownership transfer on the instant building on April 30, 2010.
3) On August 9, 2010, F sold the instant building to the Defendants at KRW 40,000,000, and on August 17, 2010, F completed the registration of ownership transfer as to the 1/2 shares of each of the instant building. 4) Since then, the instant lease agreement was explicitly renewed several times.
5) From June 2016, the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendants, and on October 14, 2016, the Plaintiff completed the registration of the housing lease of KRW 30,000,000 on the instant building on the ground of the lease registration order (Seoul District Court 2016Kadan214) dated 12, 2016, on October 14, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
(b) If a lessor fails to notify the lessee of a refusal to renew the lease within six months to one month before the expiration of the lease term, or to notify the lessee that he/she would not renew the lease without changing the contract term, the lessee shall be deemed to have renewed the lease under the same conditions as the former one at the time the lease term expires (Article 6(1) of the Housing Lease Protection Act; where the lease contract is renewed under Article 6(1) of the aforementioned Act, at any time, the lessee shall terminate the lease to the lessor.