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(영문) 광주지방법원 2017.04.14 2016나57631
보증금 반환청구의 소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. Any intervention in the total cost of the lawsuit.

Reasons

Basic Facts

On August 15, 2002, the Plaintiff: (a) from the NetworkF (hereinafter referred to as “the network”); (b) from August 15, 2002, the part on the second floor of the G-based G ground building (hereinafter “instant building”) in Gwangju-gu, Gwangju-gu (hereinafter referred to as “the instant building”), without rent, set the deposit amount of KRW 18 million from August 18, 2002 to August 17, 2004 (hereinafter “the instant lease”); and (c) paid to the Deceased a total amount of KRW 18 million by August 18, 2002.

After the expiration of the lease term of the instant lease contract, the Plaintiff demanded the deceased to return the lease deposit. However, on June 28, 2005, the deceased did not return it, the Plaintiff completed the registration of the lease lease on the second floor of the instant building based on the lease lease order No. 2005Kaga1092.

The Deceased died on February 22, 2005, and Nonparty H and the Defendants, the spouse of the Deceased, and Nonparty I inherited the rights and obligations of the Deceased’s property.

On May 10, 2005, I accepted a report to waive the deceased's inheritance.

Defendant C and H reported as a qualified acceptance of the deceased’s inheritance on August 11, 2005 by the Gwangju District Court’s Family Branch 2005Ra922, and received a judgment from the above court on August 19, 2005.

Defendant B and D reported the qualified acceptance of the deceased’s inheritance on September 13, 2005 by the Gwangju District Court’s Family Branch 2005Mo1044 on September 14, 2005, and received the said report from the said court on September 14, 2005.

H died on March 22, 2008, and the Defendants, the children of the network H, succeeded to the property of the deceased H.

[Ground of recognition] In the absence of dispute, entry of Gap 1 through 5 (including a branch number if there is a branch number) and the application for intervention to the whole purport of the pleading is legitimate, a party shall have an interest in the outcome of the relevant lawsuit in order to assist one of the parties in a specific litigation case. The interest here refers to an interest in the economy, economy, or appraisal.

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