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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Basic Facts
Plaintiff
A, as a Korean national in China, was married in D and in 1991, but divorced in 2012. On January 6, 2015, the plaintiff B is a minor who was born in 2011 as a parent outside of the plaintiff's marriage.
D On November 8, 2016, D entered into a real estate lease agreement with the Defendant, setting the lease deposit amount of KRW 80,000,000, and the period from November 27, 2016 to November 26, 2018, with respect to the lease deposit with respect to the land-to-land Fho Lake 2 (hereinafter “instant real estate”) among the instant detached houses owned by the Defendant, Gwanak-gu, Seoul Special Metropolitan City E-gu.
(hereinafter “instant lease agreement”). D around that time paid KRW 80,00,000 to the Defendant for the aforementioned lease deposit, and was living together with G, the mother of the instant real estate, and died on October 11, 2017, and G died on March 27, 2018.
H, on October 16, 2017, immediately after the Plaintiff’s death, newly drafted a real estate lease agreement (Evidence 1) stating that “I (referring to the Plaintiff) waives the deposit (property inherited) and, after receiving a letter, shall return the deposit to H, while changing the name of the lessee of the instant lease agreement from D to H.”
At present, H resides in the real estate of this case, and the plaintiff A and H have filed a lawsuit in China as a matter of the ownership transfer of apartment houses located in China.
[Reasons for Recognition] No dispute exists, Gap evidence Nos. 1 through 15 (including the number of branch offices), Eul evidence Nos. 1 and 2, and the plaintiffs' claim for the purport of the entire pleadings. According to the plaintiff's claim law, the first-class heir due to the death of D is three of the plaintiff A and his mother G and women, who are their spouse, and their share of inheritance is equal. Since G died thereafter, the plaintiffs inherited the right to claim the return of the deposit for lease against the defendant of D in proportion to 1/2 shares.
Plaintiff
A shall purchase apartment houses located in China and H.