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1. The Defendants are 47,535,638 won to each Plaintiff and 20% per annum from December 11, 2013 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff completed the registration of ownership transfer of 1/2 shares in the name of each of the Defendants (hereinafter “instant apartment”). On March 2, 2009, on the same day, the Plaintiff was the person having chonsegwon as the person having chonsegwon. On January 18, 2011, the Plaintiff entered into a lease contract for lease of 125,000,000 won with respect to the instant apartment, setting the lease term as 24 months from March 1, 201 to March 1, 2013 (hereinafter “the lease contract”).
B. At the time of the instant lease agreement, the registration of creation of a neighboring mortgage (hereinafter “registration of the instant collateral security”) was completed with respect to the instant apartment as to Defendant B, the mortgagee, the National Bank Co., Ltd., and the maximum debt amount of KRW 258,00,000. The Defendants changed the maximum debt amount of the instant collateral security registration to KRW 214,50,000 on March 8, 201 according to the said special agreement. On March 2, 2011, on the ground of the instant lease agreement, the registration of creation of a lease deposit of KRW 180,000,000, the Plaintiff as the person having chonsegwon was completed.
C. The Plaintiff notified the Defendants that the Defendants did not wish to renew the instant lease agreement before the expiry of the term of the instant lease agreement, and requested the return of the deposit. The Defendants did not comply with the request, and the Plaintiff filed an application for auction on the instant apartment, and the decision to commence the auction on March 27, 2013 was rendered to the Incheon District Court Vice-Support F for the Incheon District Court.
Upon the above auction procedure, the apartment house of this case was sold at KRW 310,100,00, and the execution court, on October 15, 2013, determined the amount to be actually distributed KRW 306,516,073, which deducts the execution cost from the sum of the above sale price and the interest on October 15, 2013, and subsequently, KRW 132,464,362, to the Plaintiff, who is the person having chonsegwon.