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(영문) 대전지방법원 2015.09.16 2015가단4624

전세보증금반환

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1. The Plaintiff is within the scope of the property inherited from E, and the Defendant B is 10,714,286 won and the Defendant C and D are 7,142.

Reasons

1. Determination as to the cause of claim

A. 1) On January 22, 2013, the Plaintiff is the deceased E (hereinafter “the deceased”).

B) On the third floor, the third floor of the apartment house of the F4th floor owned by the Deceased (hereinafter “the leased building of this case”) between the Dong-gu and the deceased.

(2) The term of the lease contract (hereinafter referred to as the “instant lease contract”) with a fixed term of KRW 25 million and two years with respect to the lease deposit.

(2) On June 7, 2014, before the lease term expires, the Plaintiff paid the full amount of the lease deposit to the Deceased, and resided in the leased part of the instant building, and delivered the leased part to the Deceased.

3) The Deceased died on April 22, 2015 while the instant lawsuit was pending, and his heir was the Defendant C and D, who is the spouse, the Defendant C and D. On June 29, 2015, the Defendants filed a report on the qualified acceptance of inheritance under the Daejeon Family Court Decision 2015Ra1019, Jun. 29, 2015, and filed a report on the qualified acceptance on July 15, 2015. The Defendants received a report on the qualified acceptance on July 15, 2015. The fact that there was no dispute over the grounds for recognition, A’s evidence

B. According to the above facts, the instant lease contract was terminated upon the expiration of its validity.

Unless there are special circumstances, the defendants are obligated to pay to the plaintiff the amount of money according to their inheritance shares as the heir of the deceased, a lessor.

2. Determination on the defendants' defenses regarding qualified acceptance

A. As to the determination of the Defendants’ assertion that the qualified acceptance was made, the Defendants’ defenses were examined. In addition to the purport of the entire pleadings on the evidence as seen earlier, the Defendants filed a report on the qualified acceptance of inheritance-limited acceptance with the Daejeon Family Court on June 29, 2015, under the Daejeon Family Court Decision 2015Ra1019, and accepted the report on the qualified acceptance on July 15, 2015. Therefore, the aforementioned defense by the Defendants is with merit

B. Accordingly, the Plaintiff is obligated to pay to the Plaintiff KRW 10,714,286 (i.e., KRW 25,00,000 x 3/7), Defendant C and D respectively (i.e., KRW 25,00,000 x 2/7) within the scope of the property inherited from the Deceased.

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