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(영문) 의정부지방법원고양지원 2019.06.21 2018가합71895
보증금반환
Text

1. The Defendants jointly share the Plaintiff with the delivery of H building I from the Plaintiff at the same time.

Reasons

1. Facts of recognition;

A. On February 4, 2016, the Plaintiff (1) entered into a lease agreement with Defendant B and Nonparty J (joint lessor) on the condition that the lease deposit amount is KRW 240,00,000, and the lease term is 24 months from March 31, 2016 to March 30, 2018 (hereinafter “instant lease agreement”).

(A) (Evidence 1). (2) The Plaintiff paid 240,000,000 won to a joint lessor by March 31, 2016 under the instant lease agreement (Evidence A through 13, 25, 26, 27) and around that time, the Plaintiff was handed over the instant real estate and resided therein.

(A) (No. 20) (3) The Plaintiff completed a move-in report to the domicile of the instant real estate on April 5, 2016, and obtained a fixed date on September 21, 2017 in the instant lease agreement.

B. The Non-party J (1) died on October 5, 2016, and Defendant C, the deceased’s spouse, and Defendant C, E, E, F, and G inherited the deceased’s property.

(2) On May 12, 2017, Defendant C, D, E, F, and G completed inheritance registration based on their respective statutory shares of inheritance on the ground of “Inheritance on October 5, 2016” with respect to the instant real estate as of May 12, 2017.

(A) No. 2. (3) Defendant B married with Defendant D, but divorced on June 26, 2017.

C. (1) The Plaintiff does not intend to renew the instant lease agreement to Defendant B, Defendant D, etc. before the term of the instant lease expires, and intends to terminate the instant lease agreement due to the expiration of the term of the instant lease.

‘The intention' has expressed its intention.

(2) The instant lease agreement terminated due to the expiration of the lease term on March 30, 2018.

[Based on recognition] Evidence A 1 to 27, Evidence B 1, 2, and 3 (including paper numbers, hereinafter the same).

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