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(영문) 대전지방법원천안지원 2017.07.20 2016가단11505
차임
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From November 21, 1997, G was jointly owned by G 301.52/102/1023.06, H 345.02/102/1023.06, and I was 376.52/102/1023.06.06. As H died on or around January 26, 2003, the Plaintiff and the Plaintiff’s birth J, co-inheritors, by inheritance of 1/2 shares of H, G, 301.52/1023.06, 376.52/102/103.06, and 10/1023.6 of the Plaintiff and JJ were jointly owned by the co-inheritors.

B. On June 27, 201, between the Plaintiff and J, Defendant C leased KRW 110,00,000, monthly rent of KRW 900,000, and KRW 500,000 for the first floor of the instant building. On June 18, 2014, between J and J used the lease deposit for the first floor of the instant building as KRW 80,000, monthly rent of KRW 1,000, monthly rent of KRW 1,000, and the lease term of KRW 24 months from June 8, 2016.

C. On July 11, 2014, Defendant B leased the lease deposit of KRW 5,00,000, monthly rent of KRW 350,000, and the lease term of KRW 60 months from July 20, 2014 between J and J on the first floor of the instant building. After raising the monthly rent of KRW 450,00,00, Defendant B paid the lease deposit to J from July 201 to October.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 through 7, Eul evidence 1 through 4, Eul evidence 1 through 4 (including branch numbers), and the purport of whole pleadings

2. Determination:

A. The Plaintiff’s assertion that the instant building was owned jointly by the Plaintiff and J inherited one half of the H’s shares, and the Defendant B leased the instant building with the lease deposit of KRW 15,00,000 for the first floor of the underground floor, KRW 950,000 for the monthly rent of KRW 950,00 for the period from July 20, 2014 to July 19, 2019. The Defendant C leased the lease deposit of KRW 20,000,000 for the first floor of the said building.

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