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(영문) 서울동부지방법원 2020.05.21 2019가합107300
임대차보증금
Text

1. The Defendants jointly committed against the Plaintiff for KRW 280,711,08 and KRW 270,000,000 among them, from March 17, 2019.

Reasons

1. Facts of recognition;

A. On January 12, 2017, the Plaintiff: (a) from F on January 12, 2017, the Suwon-gu G Apartment H (hereinafter “instant real estate”); (b) the lease deposit was KRW 370,00,000; and (c) the lease term was fixed from March 6, 2017 to March 5, 2019 (hereinafter “instant lease agreement”); and (d) paid KRW 370,000,000 to F.

B. On October 24, 2017, I purchased the instant real estate from the F, and completed the registration of ownership transfer in its name on October 31, 2017.

C. However, I died on January 21, 2019, and the Defendants, the children of I, inherited I’s property. D.

On January 1, 2019, the Plaintiff notified Defendant E, who was managing the instant building on behalf of I, that he/she had no intent to renew the lease contract, and on February 12, 2019, the Plaintiff was returned KRW 37,000,000 out of the lease deposit.

E. On February 21, 2019, Defendant E notified the Plaintiff of the death of I, and provided a letter to the effect that “Defendant E would have to pay the full amount of the deposit at the expiration of the lease term, paid interest and incidental expenses until the full amount of the deposit is returned,” and returned KRW 63,00,000 out of the lease deposit to the Plaintiff around that time.

(f) On March 8, 2019, the Plaintiff filed an application for the order of lease registration of a house with Suwon District Court 2019Kaman80, and thereafter, on March 17, 2019, the Plaintiff filed a request for the registration of inheritance on the instant real estate with Defendant E, but the registration of inheritance was not made. On April 2, 2019, the Plaintiff filed an application for the order of lease registration of a house against the Defendants under the Suwon District Court 2019Kaman100138, Suwon District Court 2019, on behalf of the Defendants on April 29, 2019, completed the inheritance registration of the instant real estate on behalf of the Defendants on June 5, 2019. The Plaintiff completed the registration of lease of a house under the order of lease registration of a house on June 2019, 10138, and on June 11, 2019.

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