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(영문) 서울동부지방법원 2015.11.09 2015가단20941
임대차보증금
Text

1. The Plaintiff, Defendant B, and Defendant C, D, and E pay each of KRW 50,000 to the Plaintiff, and KRW 33,333,333,333 to the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

The Plaintiff paid the lease deposit amount of KRW 150,00,000 (hereinafter “instant lease deposit”) from F on September 27, 201 to F for the lease deposit of KRW 150,00,000 and the period from October 29, 201 to October 28, 201, respectively (hereinafter “instant lease contract”), and to F for the lease deposit of KRW 150,000,000 (hereinafter “the instant lease deposit”); the fact that the F died on February 3, 2013; the fact that there was a dispute between the parties, and that there was Defendant C, D, and E, the spouse of each of the instant lease contracts, and that the Plaintiff sent to the Defendants each of the following documents: (a) the details and the purport of each of the instant lease claims for the return of the lease deposit are as follows: (b) the Plaintiff paid the lease deposit amount of KRW 150,00,000 (hereinafter “the instant lease deposit”); and (c) the Defendant’s delivery of each of the lease deposit to the Defendants 214.

According to the above facts, the Defendants’ share of inheritance is Defendant B 3/9, Defendant C, D, and E 2/9, and the Defendants jointly succeeded to the lessor’s status and the obligation to return the lease deposit by inheritance. In light of the provisions of Article 6-2(2) of the Housing Lease Protection Act, it is reasonable to deem that the instant lease contract was terminated at least before May 26, 2015, which was the date of filing the instant lawsuit. As such, the Defendants are obligated to return the amount corresponding to each share of inheritance among the lease deposit as sought by the Plaintiff.

Thus, Defendant B is obligated to pay each of the costs of KRW 50,000 ( KRW 150,000,000 x 3/9) to the Plaintiff, Defendant C, D, and E respectively ( KRW 33,33,333,333 ( KRW 150,000 x 2/9, and the Plaintiff claims KRW 150,000 x 2/9). Accordingly, the Plaintiff’s claim of this case seeking this payment is justified, and is so decided as per Disposition.

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