임대차보증금반환
1.The judgment of the first instance shall be modified as follows:
From the plaintiff, it is a annexed drawing among the above-ground buildings of the JJ of Chungcheongnam-gun, Chungcheongnam-gun.
1. Basic facts
A. On May 30, 2010, the Plaintiff entered into a lease agreement with G on a deposit for the lease of KRW 5,000,000, annual rent for rent, KRW 1,000,00, and KRW 24 months, among the above-mentioned buildings on the ground of the J of the Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, with the indication of drawings (i), (ii), (iii), (iv), and (i) connections each point in order, and (ii) determined the same as the pertinent house (hereinafter “instant house”). The Plaintiff paid the said deposit to G, and thereafter resided in the instant house from around that time.
B. On November 18, 2010, the Plaintiff erroneously set a move-in report to K, instead of the parcel number of the instant house, and completed the move-in report. On September 29, 201, the Plaintiff corrected the resident registration to J, which is the actual parcel number of the said house.
C. On May 31, 2012, the Plaintiff entered into a lease agreement with G to renew the said lease agreement (hereinafter collectively referred to as “instant lease agreement”) with the term of KRW 12,000,000, and the term of the lease was set as from May 31, 2012 to 24 months, and paid the increased deposit to G.
On January 28, 2013, G died on January 28, 2013, and on October 31, 2013, the registration of ownership transfer for 3/11 shares of the instant housing was completed in the name of the Defendant, who is the wife of G, each of 2/11 shares of G, in the name of the designated parties, who are children of G.
E. The Plaintiff, Defendant, and designated parties did not notify the Plaintiff of the refusal to renew the instant lease agreement by May 30, 2014, which is the expiration date of the lease term under the instant lease agreement.
F. As to the instant housing, the registration of the establishment of a mortgage around March 29, 2005, consisting of the mortgagee, the debtor G, the maximum debt amount of KRW 50,000,000, was completed. However, upon the application of the Geumsan Livestock Industry Cooperatives, the Daejeon District Court first rendered a decision on voluntary auction on July 1, 2014 (hereinafter “instant auction procedure”), and the sale by voluntary auction on April 27, 2015, under L’s name on May 15, 2015.