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(영문) 서울남부지방법원 2017.07.07 2017가단207769

구상금 등

Text

1. The Defendants: (a) KRW 395,595, respectively, and the Defendants’ respective 5% per annum from January 20, 2017 to July 7, 2017, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On May 24, 1990, the registration of transfer of ownership was completed in the name of E on May 24, 1990 with respect to 83.1/132.1/1,000 (hereinafter “instant land”) out of 132.1 square meters in Yeongdeungpo-gu Seoul Metropolitan Government Daehan (hereinafter “instant land”).

B. On May 14, 2007, E died. At the time, the Defendants were the wife F, the Plaintiff, G, and the children H’s substitute heir who died on January 17, 2000, and the wife F died on April 9, 2009.

C. On November 25, 2016, with respect to the instant land by inheritance on May 14, 2007, the registration of ownership transfer was completed on November 25, 2016 under the name of the Plaintiff, G, 83.1/3 of each 396.1 shares, and each 83.1/6 of each 792.6 shares in the name of the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 6, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) The Plaintiff’s claim for reimbursement due to the refund of deposit for lease was that the Plaintiff resided in the building without permission of the first and second floor above the ground and was living on the instant land and leased the seven rooms of the building. After the death of the Plaintiff, the Plaintiff returned the deposit of the existing lessee who received the deposit from the new lessee when the existing lessee becomes a director due to the expiration of the existing lease term. However, the Plaintiff did not make a new lease to 7 lessee including J, but did not return the deposit amount of KRW 35 million to 35 million to the lessee including J, who was removed and relocated to construct an apartment after being designated as the housing redevelopment project area in the IBB. Accordingly, the Defendants returned the deposit amount of KRW 35 million, which was returned by the Plaintiff on behalf of the Plaintiff, and returned to the Defendants each claim for reimbursement of KRW 7,500,000,0000,000 to the lessee including J. 7,500.