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(영문) 서울중앙지방법원 2016.08.10 2016가단5046102

임대차보증금

Text

1. The Plaintiff:

A. Defendant B’s KRW 40,000,000 per annum from September 1, 2015 to August 10, 2016; and

Reasons

1. Basic facts

A. On May 1, 2010, the Plaintiff, who entered into a lease agreement, leased the lease deposit amount of KRW 80,000,000, and the lease term from Defendant B and the network D for the building 501 located in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant real estate”) from Defendant B and the network D during the period from May 21, 2010 to May 21, 2012.

(hereinafter “instant lease agreement”). B.

1) The instant lease agreement was terminated on May 21, 2012 and terminated on the grounds of the expiration date, and the Plaintiff delivered the instant real estate to the Defendants on May 21, 2012. 2) The network D returned the lease deposit of KRW 40,000,000 in total, including KRW 15,000,000 on May 29, 2012, 2012, KRW 5,000,000 on July 27, 2012, KRW 10,000 on September 10, 2012, and KRW 10,000,000 on November 13, 2012.

3) The network D paid KRW 560,000 on July 27, 2012 to the Plaintiff, separate from the amount described in the foregoing paragraph 2, and paid KRW 370,000 per month from August 2012 to August 2015.

C. The deceased died on September 4, 2015, and at the time of the death, Defendant B and Defendant C, who was the denied heir, was the deceased.

Defendant B filed an application for renunciation of inheritance, Defendant C filed an application for refusal of inheritance, Defendant C filed an application for refusal of inheritance, and the Defendants filed a report on February 16, 2016, respectively.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 1, Eul evidence 2-1 and Eul evidence 2-2, the purport of the whole pleadings]

2. Determination

A. According to the above facts, Defendant B, a joint lessor, has the obligation to pay the remaining lease deposit amount of KRW 40,000,000 and damages for delay thereof to the Plaintiff, and C, a joint lessor, within the scope of the property inherited from the network D, is obligated to pay the above money to Defendant B and each person within the scope of the property inherited from the network D.

B. Furthermore, the fact that the deceased D paid KRW 560,00 on July 27, 2012, which was after the termination of the instant lease agreement, to the Plaintiff, and paid KRW 370,000 each month from August 2012 to August 2015 is as seen earlier, and the Plaintiff is under the instant lease agreement.