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(영문) 부산지방법원 2018.02.06 2017가단334885
전세보증금
Text

1. The defendant shall pay KRW 15,000,000 to the plaintiff (Appointed Party), the appointed party C, and D, respectively.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Determination on the cause of the claim

A. (1) On August 10, 2015, E entered into an obligatory lease agreement with the Defendant to use real estate listed in the separate sheet as security deposit for lease on a deposit basis, its duration from September 10, 2015 to September 9, 2017, and paid the full amount of the security deposit to the Defendant around that time. ② The fact that E died on March 16, 2017, the Plaintiff (Appointed Party), the Appointor C, and D jointly inherited the deceased’s property at the ratio of 1/3 shares, ③ the fact that the period expired on September 9, 2017 does not conflict between the parties, or that the entire purport of the pleadings as a whole is recognized in full view of each entry in the evidence No. A1 to 5.

B. According to the above facts of recognition, since the above lease contract was terminated, the defendant is obligated to pay 15,000,000 won (=45,000,000 won ± 3) for each of the key money for lease on a deposit basis to the plaintiff (appointed party), the selected party C, and D, who are co-inheritors of the deceased.

2. In conclusion, the claims against the Defendant by the Plaintiff (Appointed Party), the Appointed Party C, and D are reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

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