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(영문) 창원지방법원마산지원 2016.11.16 2016가단8698
전세보증금반환
Text

1. The defendant shall pay 120,000,000 won to the plaintiff within the scope of the property inherited from the deceased C.

2...

Reasons

1. Facts of recognition;

A. On August 19, 2014, the Plaintiff leased D Apartment 102 Dong 1203, Yongsan-gu, Changwon-si, Changwon-si, the lease deposit amount of KRW 120 million, and from October 15, 2014 to October 14, 2016, the lease term of which was set to be KRW 120 million.

(hereinafter “instant lease agreement”). B.

C On November 14, 2014, the Defendant and children, who are the bereaved family members, died after remaining E and F.

C. On November 25, 2014, E and F reported the renunciation of inheritance to the Changwon District Court’s Masan branch on November 25, 2014, and the said court rendered a ruling to accept the said declaration of renunciation of inheritance on November 26, 2014.

On December 16, 2014, the Defendant filed a qualified acceptance report with the Changwon District Court, and the said court rendered a ruling to accept the said qualified acceptance report as of December 17, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of whole pleadings

2. According to the facts of the determination on the Plaintiff’s claim, the instant lease agreement was terminated on October 14, 2016, and thus, as a sole heir who succeeded to the status of the deceased C as a lessor, the Defendant, who succeeded to the status of the deceased C, is obligated to pay the Plaintiff KRW 120 million as lease deposit within the scope of the property inherited from the deceased C.

3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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