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(영문) 인천지방법원부천지원 2016.09.06 2015가단5035
임대차보증금반환
Text

1. Defendant B: (a) to the extent of the property inherited from the deceased G, Defendant B’s KRW 30,000,000, and its related thereto.

Reasons

1. Basic facts

A. 1 Status of the Parties 1) Net G (hereinafter “the deceased”).

) On May 30, 2002, Defendant F and the real estate indicated in the separate sheet (hereinafter “instant real estate”) respectively.

(2) The Deceased died on June 11, 2014, before the instant lawsuit was filed, and Defendant B, C, D, and E are the inheritors of the Deceased.

B. On April 2005, the Plaintiff agreed to lease 902 of the instant real estate and the instant aggregate building, which belongs to the instant real estate, with a fixed term of 30,000,000, 1,200,000 won per rent (excluding value-added tax), and 2 years for a period of two years (hereinafter “rental contract around April 2005”).

However, there is a dispute as follows as to whether the contracting parties are “the Plaintiff and the Deceased”, and “the Plaintiff, the Deceased, and Defendant F”

(2) Unlike the above contract on April 15, 2007 (No. 1), the lease contract on April 15, 2005 was invalidated due to the lapse of the above period. Accordingly, the above deposit amount was transferred to Defendant F’s deposit account on April 1, 2005, and KRW 27,000,000 as of April 22, 2005, respectively. The Plaintiff paid KRW 27,000,000 to the Deceased and Defendant F through H, who was an employee of the company run by the Plaintiff. Since the date of the above contract, the Plaintiff occupied the instant real estate after the delivery of the said real estate from the date of the date of the above contract. After that, the Plaintiff was to lease only the instant real estate with the deceased on April 15, 2007, except for the above subparagraph 902, but the rent was determined as the lease contract on April 15, 200, KRW 1000, KRW 2005, KRW 3000.

The term "a lease agreement of April 15, 2007" is "a lease agreement of April 15, 2007," and the term "a lease agreement of April 2005" is "a lease agreement of April 205."

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