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(영문) 서울서부지방법원 2019.07.18 2018가단228427

1. Defendant (Counterclaim Plaintiff) C and Defendant D jointly do so from the Plaintiff (Counterclaim Defendant) (Counterclaim Plaintiff).


A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Defendant C is the owner of the building listed in the annexed real estate list (hereinafter “instant building”), and Defendant C is the child of Defendant C.

B. On May 11, 201, F was leased (hereinafter “the leased object of this case”) between G on behalf of Defendant C (Defendant C’s wife, Defendant C’s wife”) and G on June 10, 201 (hereinafter “the first lease contract”) with the lease deposit amount of KRW 60,00,00,000, and the lease deposit amount of KRW 37.63 square meters inboard connecting each point of the land surface of the instant building in sequence 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 10, from among the land surface of the instant building, and resided after completing the move-in report on June 13, 201.

C. On June 15, 2013, F renewed the first lease agreement with Defendant D who represented by Defendant C, and the lease deposit shall be paid KRW 100,000 per month to the agricultural cooperative account under Defendant C’s name. The lease term was set from June 10, 2013 to 24 months.

(hereinafter “Lease Agreement”) d June 15, 2013.

On June 20, 2015, F entered a lessor as Defendant D while renewal of a lease agreement on June 15, 2013 between Defendant D, and the lease deposit and monthly rent were the same as the lease agreement dated June 15, 2013, and the lease term was set from June 10, 2015 to June 10, 2017 (hereinafter “instant lease agreement”), and obtained the fixed date of the head of Mapo-gu H/Dong’s fixed date on July 10, 2015 in the agreement.

E. F was dead on October 1, 2017 while changing the monthly rent from January 10, 2017 to the account in the name of G upon G’s request, and the Plaintiffs died on October 1, 2017.

The property was inherited in 1/2 shares, respectively.

F. Meanwhile, on October 17, 2016, Defendant C filed a lawsuit against Defendant D Husband and wife (Seoul Western District Court 2016Kadan249826) and rendered a favorable judgment on March 23, 2018.