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Reasons
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(영문) 부산지방법원 2016.05.25 2015가단64113
임대차보증금
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1. The Defendant: (a) KRW 2.5 million for the Plaintiff and the Plaintiff’s annual rate from November 12, 2015 to May 25, 2016, and the following.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on May 10, 2015, and the mother is D as the first heir.

The plaintiff is the deceased's leakage. A.

1) The deceased C (hereinafter referred to as “the deceased”).

On July 23, 2008, the Defendant’s room of the first floor from among the detached houses located in Geum-gu, Busan (hereinafter “instant building”) from the Defendant.

A) A lease deposit is set at KRW 2.5 million, monthly rent, KRW 50,000,000, and KRW 24 million from July 23, 2008. A lease deposit was paid to the Defendant around that time. However, the lessee’s name under the above lease contract (Evidence A) was the Plaintiff, who was the buyer of the deceased, not the deceased (hereinafter “instant lease”).

(2) The Deceased continued to reside in the instant building; the instant lease was renewed several times thereafter; on April 18, 2014, the Plaintiff and the Defendant, who de facto represented the Deceased, have renewed the said contract until July 2016.

3) The Deceased was under the diagnosis of the end of the 2015 spring, and the Defendant’s family members were the deceased’s family members. The deceased’s family members proposed to the effect that “the deceased’s disease is deep, and the other lessee would be able to get the death.” The deceased’s family members were the director of the instant building on behalf of the deceased. However, on May 8, 2015, the deceased and the deceased’s family members did not return the key to the instant building to the Defendant or the Defendant’s family members at the time of their directors. (b) The deceased died on May 10, 2015, and the mother was the first-class heir. (c) around May 15, 2015, the Plaintiff demanded the Defendant to return the lease deposit through the Plaintiff, who was his father, but the Defendant did not comply with the request.

2) D) On June 3, 2015, the right to claim the return of the instant lease deposit (hereinafter “instant claim”)

B The Plaintiff was transferred to the Plaintiff on October 1, 2015.

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