보증금반환
1. The Plaintiff:
A. Defendant B, Defendant D, Defendant C, Defendant E, and Defendant F: each of 6,66,60 won;
B. Defendant G is 3,99.
1. On January 24, 2006, the Plaintiff entered into a lease agreement with the deceased I to lease the lease deposit amount of KRW 40 million and the term of lease from February 26, 2006 to February 26, 2008, and around that time, the Plaintiff paid KRW 40 million to the deceased I.
Even after the expiration of the contract period, the plaintiff resided in the above real estate under the agreement with the deceased I, and as the conditions of residence are poor and making it impossible to reside any longer, the plaintiff requested the deceased I to return the lease deposit several times from July 2010.
In the meantime, I died on January 2015, and I died, and there was another child K with Defendant B, Defendant C, Defendant D, Defendant F, Defendant F, Defendant E, and other children, but K had already died on February 2014 and its heir H as his heir.
[Ground of recognition] Defendants C, D, Defendant G, and Defendant H: Each deemed confession (Article 150(3) and (1) of the Civil Procedure Act) (Article 150(3) of the Civil Procedure Act), the fact that there is no dispute between Defendant B, Defendant F, and Defendant E: The purport of the entire pleadings and arguments as follows.
2. According to the above facts of recognition, on July 2010, the lessor I was obligated to return the lease deposit amount of KRW 40,000 to the Plaintiff due to the termination of the lease. Defendant B, the Defendant C, the Defendant D, the Defendant F, and the Defendant F, each due to his death, succeeded to the obligation to return the lease deposit amount of KRW 1/6,00,000 to the Plaintiff. Defendant G, the inheritor of which is the Defendant F, and 3/30 (=1/6 x 3/5), and Defendant H succeeded to the obligation to return the said deposit amount of KRW 30,00,000 to the Plaintiff.
As such, Defendant B, Defendant C, Defendant D, Defendant F, and Defendant E are obligated to pay to the Plaintiff KRW 6,66,66,60 (= KRW 40,00 x KRW 1/6, as sought by the Plaintiff; KRW 3,99,90 (= KRW 40,00,000 x 1/6 x 3/5) respectively; Defendant G is obligated to pay KRW 2,66,666,60 (= KRW 40,000 x 1/6 x 2/5) respectively.
3. Thus, the plaintiff's claim against the defendants is justified. Thus, the plaintiff's claim is accepted.