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(영문) 서울중앙지방법원 2017.05.29 2016나72541
임대료
Text

1. The judgment of the court of first instance is modified as follows.

To the extent of the property inherited from the deceased B(H).

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is the Defendant B (hereinafter “B”) of the first instance court on October 9, 2003.

) 75 square meters (hereinafter referred to as the “instant store”) of the building on the ground B-dong, five parcels outside the Chungcheongnam-gun, Chungcheong-gun C.

2) The term of lease of 50 million won, 2 million won per month, 2 million won per month, and 60 months from October 31, 2003 to 30 months (hereinafter “the lease of this case”).

A) Around that time, B paid to the Plaintiff a full amount of KRW 50 million and operated a household store at the instant store. (2) The instant lease contract was renewed on the expiration of the said lease term, and was reduced to KRW 1,700,000,000,000 as indicated in Section B, and the Plaintiff was in arrears as described in Section B(3). The instant lease contract was lawfully terminated by the Plaintiff’s declaration of termination of the instant lease contract to B around April 2013. Since then, B transferred the instant store to the Plaintiff. From October 31, 2003 to April 203, from August 2004, to December 29, 2006, from August 29, 2004, from October 31, 2004 to December 29, 2001, the instant lease contract was completely terminated.

Accordingly, the Plaintiff’s overdue rent of KRW 50 million, out of the above overdue rent of KRW 94.6 million, deducted from the above rental deposit of KRW 50 million, and the Plaintiff’s overdue rent of KRW 44.6 million (=the above overdue rent of KRW 94.6 million-5 million) remaining.

4) Meanwhile, after the judgment of the court of first instance, B died on September 20, 2014. Accordingly, Plaintiff E and Plaintiff F, the deceased’s spouse, and Plaintiff F, the deceased’s children, jointly inherited the deceased’s property. [In the absence of any dispute over the grounds for recognition, evidence Nos. 1, 2-1, 2-2, and the purport of the entire arguments and arguments.]

B. According to the above facts of recognition, the Defendants are remaining against the Plaintiff, unless there are special circumstances.

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