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(영문) 인천지방법원 2019.07.17 2019가단205311
임대차보증금
Text

1. The Defendants jointly share KRW 100,000,000 with respect thereto to the Plaintiff and the period from January 5, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On December 13, 2013, the Plaintiff leased the lease deposit amount of KRW 100,000,000 to the deceased for 100,000,000 from January 24, 2014 to January 24, 2018 by setting the lease deposit amount of KRW 100,00,000 between Nonparty E (hereinafter “the deceased”) and Nonparty E (hereinafter “the deceased”) and the deceased for 100,00,000,000,000,000 and the lease deposit was renewed between the deceased and the deceased on January 9, 2016, the lease deposit was set at KRW 10,00,00,000, 100,000,000, and the lease period from January 24, 2016 to January 24, 2018.

(hereinafter “instant lease agreement”). B.

On December 15, 2013, the Plaintiff obtained a fixed date from the lease agreement and completed the move-in report on the instant apartment after having received the transfer of the instant apartment around January 24, 2014, and had resided in the instant apartment.

C. From November 2017, the Plaintiff revealed that he/she had no intent to renew the instant lease agreement to the Deceased. On January 15, 2018, the Deceased died before the lease term expires, and the Defendants, who were the offspring of the Deceased, inherited the Deceased’s property in proportion to 1/2 shares.

As the Plaintiff was unable to receive the lease deposit from the Defendants, the Plaintiff moved to another place on November 15, 2018 after completing the lease registration on the instant apartment after completing the lease registration.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above findings of the determination, the instant lease agreement terminated on January 24, 2018, and the Defendants, as co-inheritors, succeeded to the lessor status under the instant lease agreement from the Deceased upon the death of the Deceased.

I would like to say.

On the other hand, if co-owners of a building jointly lease a building and receive a security deposit, such lease does not lease their own shares, except in extenuating circumstances, but jointly lease the object of lease as many parties, and the security deposit therefor.

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