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(영문) 서울동부지방법원 2015.09.15 2014가합14007

임대차보증금 반환

Text

1. The Plaintiff:

(a) Defendant B, D, and E jointly pay 140,000,000 won;

B. Defendant C is the above Defendants.

Reasons

1. The following facts are deemed to have been led to the confession of the said Defendants pursuant to Article 150 of the Civil Procedure Act between the Plaintiff, Defendant B, and Defendant C. In full view of the respective descriptions and arguments set forth in subparagraphs A and 7 (including numbers), and the whole purport of the pleadings between the Plaintiff and the Defendant C. There is no dispute between the Plaintiff and the Defendant D.

On July 8, 2009, the Plaintiff leased the fourth floor of 149.75 square meters from the Seoul Special Metropolitan City Gwangjin-gu G Building (hereinafter “instant building”) in which both F and Defendant B own one-half shares, with the lease deposit of 50,000,000 won, monthly rent of 2,50,000 won, and the lease term of 2,50,000 won from July 14, 2009 to April 4, 2012.

B. The Plaintiff paid KRW 50,000,000 to F and Defendant B the above lease deposit, and operated a private teaching institute with the trade name “H” at the same time on the fourth floor of the instant building.

C. F On September 29, 2009, as bereaved family members, died with Defendant C, D, and E, the spouse of the Defendant B, A, and B.

F bequeathed 1/2 of the instant building owned by the F to Defendant C, and accordingly, Defendant C completed the registration of ownership transfer based on testamentary gift on February 26, 2010 as Seoul Eastern District Court No. 9206, Sept. 29, 2009.

Defendant B, D, and E, who are the remaining co-inheritors, filed a claim for the return of the forced portion of the testamentary gift against C, and accordingly, the registration of ownership transfer was made on October 7, 2010 with respect to the share of Defendant C’s above 1/2 shares as of October 7, 2010 by Seoul Eastern District Court No. 49190, on which Defendant C’s above 1/2 shares was due to the return of the forced portion of inheritance on August 27, 2010, respectively.

E. In order to expand and operate the pertinent private teaching institute up to the third floor of the instant building, the Plaintiff: (a) on September 27, 201, the third floor of the instant building was KRW 90,00,000; (b) monthly rent of KRW 2,00,000; and (c) on November 1, 2011, between Defendant B and Defendant B.