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1. The Defendant’s each of the Plaintiffs’ KRW 82,50,000, as well as 5% per annum from August 2, 2017 to February 12, 2018.
Reasons
1. Basic facts
A. Plaintiffs, D, and E are F and G children.
B. On May 27, 2013, F entered into a lease agreement with the Defendant setting the Yeongdeungpo-gu Seoul Metropolitan Government H apartment I (hereinafter “instant apartment”) as “rental deposit amount of KRW 330 million” and “lease period of between July 31, 2013 and July 30, 2015” (hereinafter “instant lease agreement”) and paid KRW 330 million to the Defendant under the said lease agreement.
C. F and G were living in the above apartment by the Defendant and died on September 14, 2013.
Since then, the instant lease agreement was renewed once, and G died on August 13, 2016 while G continuously resided in the said apartment complex.
E. The Defendant is entitled to August 3, 2015.
In the process of the instant lease agreement being renewed once, D received additional increase in the deposit amount of KRW 30 million from D, and on August 1, 2017, D concluded a lease agreement with D, stipulating that “The lease deposit amount of KRW 440 million (including the existing lease deposit of KRW 360 million)” and “the lease period of KRW 360 million from August 1, 2017 to July 31, 2019.”
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Gap 5 evidence, Eul 18, 19, and 20 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The Plaintiffs’ assertion that the instant lease agreement was terminated on July 30, 2017 at least by the expiration date.
In addition, since the claim for refund of deposit upon the termination of the instant lease agreement is inherited by inheritance in 1/4 shares in statutory inheritance to the plaintiffs, D, and E, the defendant is obligated to pay to the plaintiffs the amount of KRW 82,500,000 equivalent to 1/4 shares in the amount of KRW 330,000,000 and delay damages therefor.
(2) Defendant (A) merely entered into the instant lease agreement with the name-based F, and the actual lessee is D. Even if the household D is not a genuine lessee, the claim shall be made.