임대차보증금
Defendant C and Defendant D jointly share the real estate listed in the separate sheet from the Plaintiff at the same time.
1. Basic facts
A. On March 28, 2016, the Plaintiff entered into a lease agreement with the deceased F (hereinafter “the instant apartment”) with respect to the attached list real estate acid (hereinafter “instant apartment”), with a deposit of KRW 60 million, and with respect to the term of lease from March 29, 2016 to March 29, 2018 (hereinafter “instant lease agreement”).
B. The Deceased died on May 22, 2019, and there was Defendant B, Defendant C, and D, his wife, as his inheritor. Defendant B filed an application for renunciation of inheritance with the Daejeon Family Court 2019-Ma1216, and the declaration of renunciation of inheritance was accepted on August 19, 2019. Defendant C and D filed an application for the renunciation of inheritance with the Daejeon Family Court 2019-Ma1186, and the declaration of qualified acceptance was accepted on August 19, 2019.
C. The Plaintiff notified the termination of the instant lease agreement to the instant complaint.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-1, 2, and 3, the purport of the whole pleadings
2. Determination
A. The judgment of Defendant B on the claim against the above Defendant B renounced his inheritance, and the Plaintiff’s claim against the above Defendant was without merit.
B. According to the facts of recognition as to the claim against Defendant C and D, the instant lease agreement is deemed to have been lawfully terminated due to the Plaintiff’s declaration of intention to terminate the contract according to the instant complaint (in case of an implied renewal, the lessee may notify at any time of termination of the contract, and such termination becomes effective three months after the lessor is notified thereof (Article 6-2 of the Housing Lease Protection Act), and it is apparent that the instant lease agreement has been terminated). The Defendants are obligated to refund the lease deposit to the Plaintiff, and the Plaintiff is obligated to order the Plaintiff to order the apartment of this case to be performed simultaneously.
Therefore, Defendant C and D shall be jointly and simultaneously ordered by the Plaintiff to order the apartment of this case.