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1. The defendant shall receive KRW 70,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.
Reasons
1. Facts of recognition;
A. On December 14, 200, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and acquired ownership.
Since the Plaintiff donated the instant real estate to C on August 6, 2009, but again received a legacy from C and completed the registration of ownership transfer under the Plaintiff’s name on January 20, 201, the Plaintiff owned the instant real estate until now, and has been delegated to Nonparty D (former name: E) to manage the instant real estate.
B. Around January 7, 2011, D concluded a lease agreement between the Plaintiff and the Plaintiff to lease the instant real estate amounting to KRW 22,00,000,000 per month of rent, KRW 250,000 per month of rent, and KRW 250,00 per month of rent, between January 7, 201 and January 6, 201, and thereafter, paid the Plaintiff rent.
C. On December 22, 2012, the Defendant concluded a lease agreement with D, which stipulates that the Defendant shall lease the instant real estate from the Plaintiff during the period from January 12, 2013 to January 11, 2015.
The Defendant paid the down payment of KRW 5,00,000 to the licensed real estate agent F who arranged the above lease contract on the day of the contract, and the remainder of KRW 50,000,000 to the non-party G who was residing as the lessee of the instant real estate through the said licensed real estate agent at D’s request.
After receiving a receipt under the name of the defendant that the defendant received the lease deposit from D, the defendant has received a receipt and received the real estate of this case and has resided until now.
E. Since then, the Defendant decided to renew the above lease agreement on the condition that D and lease deposit should be increased to KRW 70,000,000.
The Defendant remitted KRW 15,00,000 to the account held in the name of the Plaintiff. On January 14, 2015, the amount of KRW 70,000 as the lease deposit and KRW 24 months as the lease deposit between D and D.