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1. The defendant shall pay to the plaintiff (appointed party) KRW 30,000,000, KRW 300,000, KRW 5,000 for each of them C, D, E, and F.
2...
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-3.
On November 20, 2013, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and his mother, entered into a contract with H to lease the part of subparagraph I (hereinafter “instant building”) out of the real estate listed in the attached Form (hereinafter “instant real estate”) owned by the Plaintiff (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 60,000,000, and the period of January 29, 2016 (hereinafter “instant lease contract”), and then paid KRW 60,000,000 to H, and received delivery of the instant building portion.
B. On January 22, 2019, the Defendant succeeded to the lessor’s status under the instant lease agreement by obtaining the registration of ownership transfer based on purchase and sale on September 20, 2018.
C. On March 13, 2019, the Plaintiff and G sent to the Defendant a document stating that the instant lease agreement will be terminated as of March 19, 2019, which appears to have been reached to the Defendant around that time.
G died on June 14, 2019, and the plaintiff, the son C, D, E, and F became inheritor.
E. Since then, the Defendant recovered the right to possess and manage the instant building portion from the Plaintiff, while paying KRW 10,000,000 to the Plaintiff out of KRW 60,000 of the deposit for lease on a deposit basis.
2. According to the above facts finding as to the Plaintiff’s claim, it is reasonable to view that the Plaintiff and G as a co-resident of the instant building part is equal unless there exist special circumstances. Thus, the Plaintiff and G seems to have been equal in their respective shares of the Plaintiff and G out of the balance of the deposit (=60,000,000 - 10,000,000) (=5,000,000) and the amount equivalent to each share of the Plaintiff and G seems to have been 25,00,000 (=50,000,000 x 1/2).
However, G’s claim of KRW 25,00,000,00 which he/she had upon death on June 14, 2019, is based on the ratio of each share of inheritance to the Plaintiff, the heir C, D, E, and F.