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(영문) 서울서부지방법원 2016.02.16 2015가단28862
전세보증금반환
Text

1. The Defendant: (a) KRW 1,242,265, respectively, to Plaintiff (Appointed Party) A, Appointed C, D, E, F, and G; and (b) November 15, 2015, respectively.

Reasons

1. Indication of claim;

A. On July 15, 2004, the network H entered into a lease agreement with the first floor J No. 1(a) of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant real estate”) with respect to KRW 40 million, and two-year lease period (hereinafter “instant lease agreement”), and around that time, the said lease deposit was fully paid and resided in the instant real estate.

B. Since the instant lease agreement was explicitly renewed, the Defendant succeeded to the lessor’s status under the instant lease agreement after purchasing the instant real estate on December 7, 2009.

C. H died on June 6, 2010, and the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties are the inheritors of the Deceased.

The Yeongdeungpo-gu Agricultural Cooperatives, the mortgagee of the right to collateral security, applied for an auction, and voluntarily auctioned the instant real estate to K with Seoul Western District Court. On August 12, 2015, L sold the instant real estate.

E. In the above auction procedure, the Plaintiff and the designated parties received KRW 32,546,405, and the Plaintiff and the designated parties have the obligation to pay damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 15, 2015 to the date following the delivery of a copy of the complaint of this case, to the date of complete payment. As the Plaintiff and the designated parties inherited the remaining claims of KRW 7,453,595 (i.e., KRW 40,00,00 - KRW 32,546,40) in proportion to the shares of inheritance.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act)

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