(영문) 수원지방법원성남지원 2020.06.09 2020가단437

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(영문) 수원지방법원성남지원 2020.06.09 2020가단437

제3자이의

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1. The Defendant has the executive force of the lease deposit case against the Plaintiff at this court No. 2019Da206437.

Reasons

1. Facts of recognition;

A. On April 2, 2016, C entered into a lease agreement with the Defendant on the lease of an apartment unit D or E (hereinafter “instant apartment”) under the terms and conditions that the apartment unit D or E (hereinafter “instant apartment”) owned by C is KRW 160 million, and the period from April 19, 2016 to April 18, 2018 (hereinafter “instant lease agreement”).

B. On January 16, 2018, C died (hereinafter “the deceased”). On August 28, 2018, the Plaintiff filed a qualified acceptance report with the Daegu Family Court Decision 2018Radan372, under which C actively-owned property of the Deceased was the instant apartment and monetary claim KRW 69,129, and the small property was the obligation to return the deposit amount of KRW 160,000 under the instant lease agreement, and the said court filed a qualified acceptance report on the said qualified acceptance on November 22, 2018.

C. On October 7, 2019, the Defendant filed a lawsuit against the Plaintiff seeking the return of the lease deposit under the instant lease agreement with the court. On October 7, 2019, the court rendered a ruling of recommending settlement that the Plaintiff would pay the above deposit and its delay damages to the Defendant within the scope of the property inherited from the Deceased (hereinafter “decision of recommending settlement of this case”), and the said ruling became final and conclusive.

On the other hand, on April 10, 2014, the Deceased entered into a contract for occupancy with the F of a social welfare foundation (hereinafter “F”) on the condition that he/she leased the G Housing Hho Lake, operated by the said foundation, for a deposit of KRW 60 million (hereinafter “instant occupancy contract”). The Deceased paid the F the said deposit of KRW 60 million to the F, and thereafter occupied the said welfare house.

The main contents of the occupancy contract of this case are as follows.

Article 34 [A. F. Hereinafter the same shall apply]

1) The prior notice period of B is one month in the event that B (the deceased; hereinafter the same shall apply) falls under any of the following subparagraphs, and at the same time it is likely to undermine the trust relationship between A and B with respect to the contract:

유사 판례

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-창원지방법원 2019.07.05 2018나4981