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(영문) 부산지방법원 2016.11.17 2016가단322090
공탁금출급권자확인 등
Text

1. B between the Plaintiff and the Defendant, D’s deposited on May 15, 2015 by the Seoul Eastern District Court No. 2015No. 1633, Dec. 25, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff and the deceased E (the deceased on October 2, 2014, hereinafter “the deceased”) reported marriage on June 10, 2003, but a divorce on April 2, 2007.

B. On February 27, 2013, the Deceased entered into a unregistered lease agreement with D (However, it seems that D’s mother F actually takes charge of entering into a contract) with respect to G and 103 of the first floor of Gangdong-gu Seoul Metropolitan Government (from April 30, 2013 to April 30, 2015), and paid KRW 50,000,000 as the lease deposit.

C. The Defendants are the deceased’s siblings, whose original rank is the first-order heir.

However, on March 3, 2015, Defendant B received and confirmed a refusal trial of inheritance in Seoul Family Court 2014-Ma12155, and Defendant C was also subject to a qualified acceptance trial in April 24, 2015 in the same court as the same court 2014-Ma12154, which became final and conclusive. At the time of death of the deceased, Defendant C did not live together with the deceased at the time of death.

D on May 15, 2015, on the ground that it is difficult to identify who is the legitimate right holder of the right to claim the return of the above lease deposit after the deceased, 25,000,000 won, which is half of the lease deposit, was stated as the Seoul East East District Court 2015No. 1633, May 15, 2015 by stating the deposited person as the plaintiff or the defendant B, and on the same day, the deposited person as the plaintiff or defendant C was stated as the court 2015No. 1631, and the remaining half of the deposit amount was also deposited under conditional order.

[Reasons for Recognition] Facts without dispute, each entry, testimony, and whole purport of pleading in Gap's evidence of 1 to 6 (including a branch number for those with a branch number)

2. The parties' assertion

A. Even after the Plaintiff’s assertion was married in 2007, the Plaintiff and the Deceased continued to maintain a de facto marital relationship and maintained a family community life in the preceding rent house.

Therefore, in accordance with Article 9(2) of the Housing Lease Protection Act, the Defendants, who are relatives within the second degree of relationship between the Plaintiff and the deceased, jointly succeed to the rights and obligations as a lessee. Thus, the Plaintiff is the one who has half of the above deposits.

However, the Defendants.

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