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1. The Defendant’s KRW 1,226,66 for the Plaintiff and its related KRW 5% per annum from April 26, 2014 to May 27, 2015.
Reasons
1. Basic facts
A. On December 20, 1996, the Plaintiff concluded a pre-sale agreement with D to purchase the instant apartment from the former owner of the instant apartment.
(hereinafter “instant trade reservation”). According to the instant trade reservation, upon the lapse of the time of December 21, 1997, a trade was concluded without the Plaintiff’s declaration of full completion of the purchase and sale.
The plaintiff completed a provisional registration on the apartment of this case as Seoul Central District Court No. 93207, Dec. 24, 1996, to preserve the right to claim ownership transfer on the ground of the trade reservation of this case.
B. On April 28, 2010, the Plaintiff leased the instant apartment with D, jointly with D, KRW 50,000,000, monthly rent of KRW 1,600,000, and the term of lease from June 25, 2010 to June 24, 2012.
(hereinafter “instant lease agreement”). Since then, the instant lease agreement was implicitly renewed, and the Defendant continued to reside in the instant apartment.
C. On July 30, 2008, before the execution of the instant lease agreement, E, a creditor of D, applied for a compulsory auction against the instant apartment, and the compulsory auction procedure was under way as F of this Court.
The Defendant has trusted the Plaintiff’s horse that the auction will be withdrawn, and transferred the rent stipulated in the instant lease agreement to the Plaintiff’s account each month. However, as the auction procedure is not withdrawn, the Defendant continued to do so on December 25, 2012, the Defendant did not pay the rent any longer after remitting the rent.
When the apartment house of this case was awarded to G on April 22, 2014, the Defendant paid to G on the 28th of the same month the remainder of KRW 26,000,000,000 calculated by deducting the monthly rent of KRW 24,00,000 for 15 months from February 2, 2013 to April 2014, the Defendant paid the Plaintiff and D the remainder of KRW 26,00,000, and damages for delay.