beta
(영문) 부산지방법원 2018.07.12 2017가단24478

임대료

Text

1. The Defendants, within the scope of the property inherited from the network E, shall be KRW 30,758,000, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 30, 2016, the Plaintiff leased (hereinafter “the instant store”) G701 located in Suwon-gu, Busan (hereinafter “the deceased”) with a lease deposit of KRW 10,000,000, monthly rent of KRW 1,300,000, and the lease period of KRW 1,300,000 from December 2006 to December 2, 2008.

(hereinafter “instant lease agreement”). B.

From June 2007 to July 2017, the Deceased did not pay 92,274,000 won (the amount claimed by the Plaintiff after deducting the lease deposit) until the business was closed at the instant store.

C. On August 2, 2017, the Deceased died, and the Defendants, who were the offspring of the Deceased, inherited one-third each of the property of the Deceased. The Defendants filed a report on the inheritance limited recognition with the Busan Family Court Decision 2017Ra3097, which reported on September 28, 2017.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the Defendants had qualified acceptance as to the deceased’s inheritance, they are obligated to pay to the Plaintiff 30,758,000 won each within the scope of inherited property from the deceased (=92,274,000 won x 1/3) and to pay damages for delay at the annual rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 19, 2017 to October 26, 2017, Defendant B and D, who are clearly recorded that the date following the delivery of the copy of the application for correction of the complaint as of October 19, 2017, and Defendant C, from January 15, 2018 to July 12, 2018.

(3) The judgment of the Defendants on the Plaintiff’s assertion is without merit. The Defendants paid in full the rent under the instant lease agreement, and there is a shortage of household rent.