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(영문) 부산지방법원 2015.11.25 2014가합50923

임대차보증금

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the denial of the deceased E (hereinafter “the deceased”) on or around December 6, 2007, and Plaintiff B, C, Defendant, and F are the children of Plaintiff A and the deceased.

B. Among the donation, agreement on division of inherited property, and the registration of transfer of shares following such agreement (1) among the buildings owned by the deceased, the number of shares in the name of the plaintiffs 1/5 shares, and the number of shares in the name of the defendant 2/5 shares in the name of the head of the Busan District Court as of November 2, 2009, No. 23254 on October 28, 2009.

(2) Of the land size of H 4188 square meters (hereinafter “second real estate”) owned by the deceased, the registration of the branch court in Busan District Court was made with respect to each one-fourth share in the name of Plaintiff B, C, Defendant, and F, and the transfer registration was made on May 10, 2006 due to the gift on May 9, 2006, under the name of the Plaintiff B, C, the Defendant, and F, and the share transfer registration was made on October 28, 2009 under the name of the Defendant and the share transfer registration was made on October 30, 209, with respect to the share of 1/4 shares registered in the name of F. < Amended by Act No. 97494, Oct. 30, 2009>

C. The defendant's management of the defendant's property is as follows from May 13, 2008, which was the first consultation date on the division of inherited property.

Until September 2012, when the dispute in the port occurred, Plaintiff A managed all inherited or donated property from the deceased according to the direction of Plaintiff A until September 2012, and in the process, Plaintiff A, B, and Defendant’s account was opened and managed.

On February 21, 2012, the Plaintiffs and the Defendant leased the instant real estate KRW 120,000,000 (hereinafter “the instant first lease deposit”), monthly rent of KRW 5,00,000, and period of lease from February 25, 2012 to February 24, 2014 (hereinafter “the instant first lease contract”), respectively, to Sejong-si Co., Ltd. for lease (hereinafter “the instant first lease contract”), and was determined and leased from February 25, 2012 to February 24, 2014.