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(영문) 의정부지방법원 2016.09.30 2015나11183

임대차보증금 반환

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. K and Defendant F completed the registration of ownership transfer on August 17, 1995 with respect to each of 1/2 shares of Lan forest 2,380 square meters (hereinafter “instant land”) in Namyang-si on August 21, 1995.

B. On December 20, 1996, the deceased P entered into a lease agreement with the deceased Q Q, who is the husband of K, Defendant E, the husband of Defendant F, and the third-story building not registered on the land of this case (hereinafter “the building of this case”) with respect to the lease deposit of KRW 100,000,000, monthly rent of KRW 5,000,000 (hereinafter “the first lease agreement”).

C. On February 17, 2004, WW alleging that the claim for the lease deposit under the first lease agreement was received was filed against K and Defendant F with the District Court Decision 2004Kadan5624, and Plaintiff C participated in P’s participation. Upon receipt of the payment from Plaintiff C by October 20, 2004, the instant decision became final and conclusive on September 6, 2004 (hereinafter referred to as the “instant decision”) that “K and Defendant F was overdue from Plaintiff C by October 20, 2004, the lease deposit was KRW 60,000,000 (the lease deposit was already paid), monthly rent 2,100,000,000,000 (the lease deposit was already paid), and the lease deposit was leased for one year from the north side of the second floor of the instant building.”

Accordingly, on October 27, 2004, T, the wife of the Plaintiff C, entered into a lease agreement with the Defendant F and the first floor of the instant building, with the lease deposit of KRW 60,000,000, monthly rent of KRW 2,100,000 (hereinafter “second lease agreement”).

E. Q died on June 29, 1997, and his heir as the wife, G, H, and I, who are the wife, and his children.

F. P died on March 11, 2002, and the heir is Plaintiff V, C, and D, the wife, Plaintiff A, and Plaintiff C, the wife.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, 7, Eul evidence 1 and 2.