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(영문) 대전지방법원 서산지원 2018.05.30 2017가단4678
임대차보증금반환
Text

1. Defendants are jointly and severally liable (Provided, That Defendant B is within the scope of the property inherited from the network D (E)).

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as indicated in the evidence evidence Nos. 1 and 6, the Plaintiff entered into a lease agreement with F on May 6, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) and paid KRW 90 million (hereinafter “instant lease agreement”) around that time after entering into the lease agreement with F during the period from June 5, 2015 to June 4, 2017; D who completed the registration of ownership transfer on September 2, 2015 with respect to the instant apartment; D succeeded to the lessor status of the instant lease agreement; D died on March 5, 2016 and succeeded to the Plaintiff’s property (However, G, a deceased son, was rejected on April 15, 2016 by the Daejeon District Court Decision 2015Da161616, Apr. 16, 2016).

2. According to the above facts, since the lease contract of this case was terminated upon the expiration of the term, the defendants who jointly succeed to the obligation to return the lease deposit of this case from the deceased D are jointly and severally liable to pay 90 million won to the plaintiff the lease deposit of this case at the same time with the delivery of the apartment of this case from the plaintiff. However, the defendant B, who was subject to the adjudication on the approval of the inheritance limit, is liable within the scope of the inherited property from the deceased D.

3. If so, all of the plaintiff's claims against the defendants are justified, and it is so decided as per Disposition by the assent of all.

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