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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 80,040,810 as well as to the plaintiff on December 2018.
Reasons
1. The facts falling under any of the following subparagraphs may be found in full view of the respective entries in Gap evidence 1 to 5, Eul evidence 1 to 4 (including branch numbers), and the whole purport of the pleadings, unless there is a dispute between the parties, or as a whole:
On November 16, 201, G, and I leased the lease deposit amount of KRW 160 million and the lease deposit amount of KRW 20 million with the first floor D on the ground of Dongdaemun-gu Seoul, J apartment house (hereinafter “instant house”) from G, and I, and thereafter, the Plaintiff paid the lease deposit and resided therein at around that time (hereinafter “instant lease”).
B. 1) After the Plaintiff’s successful bid for leased housing, G and I jointly owned one-half shares of each of the 1/2 shares in the instant housing [this Court G 1/2 shares of G 1/2 shares in the instant housing was decided by the decision to commence compulsory auction on December 18, 2012 by a creditor M’s compulsory auction application;
D. On February 9, 2010, the lower court rendered a voluntary decision to commence the auction on February 13, 2013, by exercising the right to collateral security on February 9, 2010, with the maximum debt amount of KRW 180,000,000.
(A) On October 4, 2013, the Plaintiff’s share of the instant housing was awarded in full, and the ownership transfer registration was completed on October 4, 2013. (2) The sales price of the instant housing was 238 million won. On October 31, 2013, the distribution schedule was prepared to distribute KRW 55842,88 in the order of 3rd priority in the Plaintiff (a lessee at the fixed date). On October 31, 2013, the Plaintiff paid the remainder of the sales price to KRW 132 million for bank loans, KRW 55 million for the transfer of the instant housing (including KRW 20 million), and KRW 30 million for the transfer of the instant housing from G, to the maximum debt amount of KRW 50 million for the instant housing. The Plaintiff paid the remainder of the sales price to the Plaintiff as the maximum debt amount of KRW 104,500,000 on July 18, 2013.
C. Housing between the Plaintiff and the Defendant