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(영문) 인천지방법원 2018.05.04 2018가단200203
임대차보증금
Text

1. The defendant shall pay 35,000,000 won to the plaintiff within the scope of the property inherited from the deceased C.

2. The plaintiff.

Reasons

1. Facts of recognition;

A. On August 4, 2011, the Plaintiff leased (201, Bupyeong-gu, Incheon) No. 201, the lease deposit of KRW 35 million, and the term of lease from August 17, 2011 to August 17, 2013.

B. On November 22, 2016, E Housing Redevelopment Improvement Project Association received approval for the management and disposal plan for Housing Redevelopment Project. On November 22, 2016, the head of Bupyeong-gu Incheon Metropolitan City notified the above management and disposal plan on November 22, 2016, and the above D Housing leased by the Plaintiff is located within the business zone for Housing Redevelopment Improvement Project.

C. Meanwhile, on May 23, 2014, the deceased deceased on May 23, 2014. Of the deceased’s inheritors, F, G, and H renounced inheritance (the case of renunciation of inheritance by the Incheon District Court 2014-Ma2352), and the Defendant was determined as the Incheon District Court 2014-Ma2353 to accept the qualified acceptance of inheritance.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above findings of the determination, the lease contract entered into between the Plaintiff and the deceased C was terminated at the expiration of the term.

Therefore, the defendant is obligated to return the lease deposit amount of KRW 35 million to the plaintiff within the scope of the property inherited from the deceased C.

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

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