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(영문) 대전지방법원 2017.02.07 2016가단210501
임차보증금반환 청구의 소
Text

1. Defendant D shall pay to the Plaintiff KRW 30,000,000.

2. The Plaintiff’s respective claims against Defendant B and C and Defendant D.

Reasons

1. The plaintiff's assertion

A. On April 14, 1994, Sejong Special Self-Governing City E-owned Housing was owned by the deceased F. As the deceased on April 14, 1994, the deceased G, Defendant C, and B, who are the children of the deceased F, succeeded to the ownership of each of the 1/3 shares. The deceased on June 28, 2002, Defendant D, who is the deceased’s spouse H and children, succeeded to the deceased’s property of the deceased H (3/15), Defendant D (2/15 shares ratio), Defendant D (1/3), Defendant C (1/3 shares ratio), and Defendant B (1/3 shares ratio) shares.

B. On May 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant housing and the network H representing co-owners of the instant housing as well as KRW 30,000,000, and the lease period from May 2, 2011 to May 1, 2013, and paid KRW 30,000,000 for the said lease deposit to the deceased H.

C. On January 10, 2015, the foregoing lease contract was implicitly renewed. On January 10, 2015, the Plaintiff concluded a contract under which the term of lease under the said lease contract was modified from January 10, 2015 to April 30, 2016 (hereinafter “instant modified contract”).

On the other hand, the network H died on March 2016 and Defendant D, a child of the network H, inherited the network H’s property solely.

E. Since the lease agreement of this case expired on April 30, 2016, the Defendants are jointly obligated to pay to the Plaintiff KRW 30,000,000 as lease deposit, and the damages for delay at the rate of 15% per annum from the day following the delivery date of the copy of the complaint of this case to the day of complete payment.

2. Determination as to claims against Defendant B and C

A. The Plaintiff’s claim is based on the fact that the deceased H entered into the instant lease agreement or amendment agreement on behalf of the Defendant B and C, or on the fact that Defendant B and C ratified the said lease agreement.

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