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(영문) 서울중앙지방법원 2019.11.14 2018나30688
임대차보증금
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. The reasons for the instant judgment of the first instance court are as follows, in addition to adding the following judgments as to the allegations specifically emphasized by Plaintiff D and E in the trial of the party, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

10.The following shall be added to the 16th page:

“The actual substance of Plaintiff D and E argues that the claim for the increase of the lease deposit is effective upon the arrival of the lessee, and that the above Plaintiffs did not have the right to receive the notice of the increase of the lease deposit. However, the arrival of the declaration of intention does not necessarily have to be made through delivery, but it is sufficient to objectively know the contents of the notification in terms of social norms. In light of the overall purport of the statement and arguments in Evidence No. 9-2, Evidence No. 22-1, No. 22-2, Evidence No. 34, and Evidence No. 6, the above Plaintiffs received the notice of increase of the lease deposit through their neighboring relatives (7 pages of the preparatory brief No. 17, Apr. 17, 2019) or the council of occupants’ representatives to inform the Defendant that it would not accept the increase of the lease deposit. Furthermore, in light of the empirical rule No. 2, the above Plaintiffs did not receive the above notice of increase of the lease deposit from the Defendant on Jan. 9, 2016.

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