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Reasons
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(영문) 인천지방법원 부천지원 2018.05.17 2017가단113510
임대차보증금
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1. The Defendants jointly and severally agreed to the Plaintiff KRW 49,830,960, and 5% per annum from September 6, 2017 to January 24, 2018.

Reasons

1. Facts of recognition;

A. On July 6, 2015, Defendant B and the network E entered into a lease agreement with the Plaintiff, Defendant B and the network E, setting the lease deposit of KRW 50,000,000, monthly rent of KRW 500,000, monthly rent of KRW 500,000, and July 5, 2017 (hereinafter “instant lease agreement”), and the Plaintiff paid KRW 50,000,000,00 to Defendant B and the network E, respectively.

B. The deceased on September 5, 2016, the deceased on September 5, 2016, and his heir is Defendant B and Defendant C and D, the spouse of the deceased.

C. On July 5, 2017, the expiration date of the instant lease agreement, the Plaintiff was unable to refund the lease deposit. On July 21, 2017, the Plaintiff was determined to register the housing lease on July 21, 2017 by taking the Defendants as the respondent of the Incheon District Court Branch of the Incheon District Court Decision 2017Kau218, the Kimpo-si, Kimpo-si, the Defendant was determined to register the housing lease on July 21, 2017. On July 26, 2017, Defendant B was inherited at the ratio of 3/14, Defendant C, and 2/14 shares among the instant housing, and the registration of the housing lease on August 24, 2017 under the said lease registration order was completed.

On September 5, 2017, the Plaintiff returned the possession of the instant house to Defendant B. The Plaintiff did not pay KRW 5,00,000 monthly rent for ten months, the Plaintiff paid KRW 197,930 on behalf of the owner of the instant housing, and paid KRW 4,63,03,030 in total for the registration of housing lease and the registration of subrogation for inheritance. On September 5, 2017, the Plaintiff demanded the payment of lease deposit, long-term repair appropriations, and the registration expenses.

E. Meanwhile, on April 21, 2017, Defendant C and D were tried to grant inheritance limited recognition by the Incheon Family Court’s Vice-Support 2016-Ma1277.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 12 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. The cause of the action.

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