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1. The Defendant’s KRW 17,00,000 as well as 5% per annum from June 3, 2015 to October 7, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. C and D shared 1/2 shares of 1/2 of each of the stores 110, 110 stores, Dong-dong, Yeonsu-gu, Incheon, and leased the instant store to F on April 10, 2014, with a deposit of KRW 20 million, KRW 1500,000 per tea, and the period from April 15, 2014 to April 15, 2016.
B. At that time, F occupied and used the instant store, the instant store was unregistered for C/D H to the Defendant in sequence between B/D H and 1 month.
Upon purchasing the instant store from H, the Defendant agreed to succeed to the obligation to refund the deposit 20 million won to F, and to substitute the same amount for the payment of a part of the purchase price. On May 16, 2014, the Defendant was granted a provisional registration of the right to claim ownership transfer on the ground of the pre-sale agreement as of May 15, 2014 with respect to the instant store from C/D.
C. On August 15, 2014, the Defendant (in the case of a de facto agent, father I) leased the instant store to the Plaintiff by setting the deposit amount of KRW 1.5 million per month, and the period from August 15, 2014 to August 15, 2016.
On August 22, 2014, the Plaintiff paid KRW 20 million to the Defendant by directly remitting the lease deposit amount of KRW 20 million to the account of F, a former lessee. On September 16, 2014, the Plaintiff paid KRW 1.5 million to the Defendant for one month (from August 15, 2014 to September 15, 2014).
C/D around October 2014, the Plaintiff demanded that “the Defendant was unaware of the purchase before the instant store, and the Defendant did not have any right to the instant store.” The Plaintiff demanded that she immediately deliver the instant store to her. The Plaintiff requested the Defendant to resolve the problem, but failed to take particular measures, and the Plaintiff suspended the business in the instant store and removed goods, such as the house, and notified the Defendant of the fact that she was in possession of only the key.
(e) C/D is new on January 2, 2015.