보증금반환
1. Within the scope of property inherited from the net F;
A. The plaintiff A, the defendant C is 21,428,571 won, the defendant D and E.
1. Determination as to the cause of claim
A. Under the facts found, each of the following facts may be acknowledged either in dispute between the parties or in accordance with Gap evidence 1-1, 2, 2-1, and 2-2, by integrating the whole purport of the pleadings.
1) On August 17, 2008, Plaintiff A and F have leased KRW 202, 50,000, the lease deposit of KRW 50,000,000 from F in Jindo-gun. around that time, Plaintiff A and F have been residing in F at KRW 50,00,00. Plaintiff A and F have not agreed on the lease term. Plaintiff B had not agreed on the lease term of KRW 401 from F on October 17, 2015. Plaintiff B leased the said G loan No. 401 from 75,00,000, and the lease term of KRW 24 months from 17, 2015. At that time, Plaintiff A and F had resided in the above G loan No. 401 after having paid F the above deposit of KRW 62,00,000 from 62,000,000.
3) On July 20, 2017, F died, and the Defendant D and E, who is the spouse, succeeded to F. 4) The duplicate of the instant complaint containing the Plaintiff’s intent to terminate the lease agreement was served on the Defendants on December 14, 2017.
B. According to the above facts of recognition, the Defendants, as F’s inheritors, succeeded to the lessor’s status under each lease agreement between the Plaintiffs and F. The Plaintiff’s lease agreement was terminated on January 14, 2018, when one month from the date when the duplicate of the complaint of this case was served on the Defendants pursuant to Article 635(1) and (2)1 of the Civil Act, and Plaintiff B’s lease agreement was terminated on October 17, 2017, respectively.
Therefore, the Defendants are obliged to return each lease deposit that F received from the Plaintiffs to the Plaintiffs in proportion to their inheritance shares.
In other words, Defendant C is obligated to pay KRW 21,428,571 (i.e., KRW 50,000 x KRW 3/7 of the inheritance share x less than KRW 3/7 of the inheritance share ; hereinafter the same shall apply), Defendant D and E are each 14,285,714 (i.e., KRW 50,000 x inheritance share 2/7 of the inheritance share) to Plaintiff C, and Defendant C is obligated to pay to Plaintiff B the inheritance share 26,571.