beta
Text
1. Defendant B shall pay to the Plaintiff KRW 33,000,000.
2. The plaintiff's remaining claims against the defendant C and the defendant C.
Reasons
1. Basic facts
A. On June 21, 2006, the registration of ownership transfer was completed in the name of Defendant C and B with respect to each co-owned share as 1/2 on June 21, 2006, and on March 8, 2010, the registration of ownership transfer was completed in the name of Defendant C on the same day.
B. Since then, on November 4, 2016, the provisional registration of the right to claim ownership transfer has been completed on the ground of the pre-sale agreement on November 3, 2016 with respect to the real estate listed in the separate sheet that B owned by himself, and the provisional registration of the right to claim ownership transfer has been completed on March 13, 2017.
C. On April 28, 2008, the Plaintiff entered into a lease agreement with Defendant C and B, which provides the lease deposit amount of KRW 33,000,000, and the term of lease from May 4, 2008 to May 3, 2010 (hereinafter “instant lease agreement”), which is a part of the real estate indicated in the attached Table list (hereinafter “instant real estate”). At that time, the Plaintiff paid the lease deposit to the said Defendants.
Even after the expiration of the above term, the instant lease agreement has been renewed several times, and is now terminated, and the Plaintiff still occupies the instant real estate.
However, on May 7, 2008, the Plaintiff completed the move-in report to the instant real estate, and transferred the resident registration to another on June 22, 201, and transferred the instant real estate to the instant real estate on September 15, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 6-1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is as follows: Defendant C and B, as the lessor of the instant lease agreement, and Defendant D, as the final purchaser of the instant real estate, Article 3(4) of the Housing Lease Protection Act [the transferee of the leased house (the transferee and other persons who succeeded to the right to lease).