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Reasons
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(영문) 인천지방법원부천지원 2019.03.15 2018가단7049
임대차보증금반환
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1. Defendant E is within the scope of the property inherited from the deceased G, and Defendant E is 9,428,571 won to Plaintiff A, and 10,000.

Reasons

1. Facts of recognition;

A. Plaintiff A’s lease contract 1) On October 21, 2013, Plaintiff A (“Plaintiff”) is an unregistered real estate, Kimpo-si, Kimpo-si, I apartment J (hereinafter “Jho”) that was not newly built by Plaintiff A under Defendant C’s brokerage of Defendant C.

(2) On December 1, 2014, the Plaintiff agreed to increase the deposit amount of KRW 7,500,000 between the deceased and the above deceased and paid KRW 7,000,000 to the above deceased during the period from October 31, 2013 to October 30, 2014, and paid KRW 2,00,000 as the down payment on October 21, 2013, and KRW 18,00,000 as the remainder on October 31, 2013, and KRW 2) to increase the deposit amount of KRW 7,50,000,000 between the above deceased and the above deceased. The Plaintiff set off the remainder of the deposit amount of KRW 500,000 against the above Plaintiff’s claim on behalf of the above Plaintiff as the replacement repair cost of boiler, 515,000,000.

3) On August 21, 2015, Plaintiff A: (a) agreed to pay KRW 2,00,00,000 to the deceased at the same time as the registration of the deceased was completed on October 31, 2015; and (b) paid KRW 5,50,000,00, out of the deposit amount of KRW 7,50,000 increased to the above deceased; (b) on December 15, 2014, Plaintiff B paid the remainder of KRW 25,00,000,000,000 to the above deceased; and (c) on October 31, 2015, Plaintiff B also leased KRW 25,00,000,000,000,000 from the above deceased; and (d) paid KRW 10,000,000,000,000 from October 31, 201, 2013; and (e) paid the remainder to the deceased’s remainder of KRW 10,30,3010.

2) On April 19, 2015, Plaintiff B: (a) set up a lease from the deceased as above to April 19, 2017; and (b) paid KRW 10,000,000 in the increased deposit amount; (c) On the other hand, Plaintiff B filed a lawsuit claiming ownership transfer registration against H as Seoul Central District Court Decision 2013Da58635, March 4, 2013; and (c) the said court filed a lawsuit against H on October 20, 2014.

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