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(영문) 서울중앙지방법원 2016.08.18 2015가단5363565
보증금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 2, 2015, the Dong E and the Defendant concluded a lease agreement with a period of two years from June 10, 2015 to June 9, 2017, with respect to multi-household 102 for multi-household 102 located in Songpa-gu Seoul Metropolitan Government F, Songpa-gu, Seoul, for a lease deposit of KRW 110 million, monthly rent of KRW 250,000,000, monthly rent of KRW 250,000, and the network E occupied the above house and lived.

B. On September 1, 2015, around 13:50, the network E died of suicide from the above house, and three Plaintiff B and C, the spouse of the network E, succeeded to the status of lessee under the network E rental agreement as the co-inheritors of the network E.

C. Plaintiff C requested the Defendant to terminate the lease agreement even without notifying the fact that the deceased E committed suicide in the above house, and the Defendant expressed his/her intent to accept the termination even in the middle of the lease agreement on the condition that the new lessee seeks to do so, Plaintiff C requested the real estate brokerage office to act as a new lessee on September 3, 2015. On September 4, 2015, the following day, the Defendant: (a) between G and G, a new lessee of the foregoing house, KRW 100 million; (b) monthly rent; and (c) from October 3, 2015 to October 3, 2017, the lease agreement was concluded and received KRW 10 million as the down payment.

However, on September 15, 2015, the defendant, who became aware of suicide of the deceased E late, notified the new lessee, and expressed his/her intent to terminate the lease contract. He/she finally expressed his/her intention to terminate the lease contract to the defendant on September 17, 2015, taking into account the various circumstances between this frame, the defendant and H terminated the lease contract, and the defendant returned the down payment of KRW 10 million to H.

E. Meanwhile, Plaintiff C is liable for the lessor to reverse the contract with the Defendant by mail proving the content of the contract dated September 16, 2015.

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