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(영문) 부산지방법원 2016.10.21 2015나16146
임대차보증금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant C’s KRW 6,66,68, and Defendant D, E, and F respectively 4,44.

Reasons

1. Facts of recognition;

A. On July 12, 2007, the Plaintiff leased approximately 20 square meters of the 3rd floor entrance of the 3rd floor of the 3rd floor building located in the 3rd floor of the 3rd floor of the 3rd floor from B (hereinafter “the building of this case”), with the lease deposit amount of KRW 45,000,000, the lease deposit amount of KRW 30 from July 30, 2007 to July 30, 2009 (hereinafter “the lease contract of this case”), and around that time, paid the above lease deposit to B.

B. The Plaintiff notified B of the termination of the above lease two months prior to the expiration date of the above lease term, and received KRW 25,000,000, which was part of the above lease deposit from B.

C. Meanwhile, B (hereinafter referred to as “the deceased”) died on May 31, 2016, when the instant lawsuit was pending in the appellate trial, and the deceased’s co-inheritors were the spouse C, Defendant D, E, and F, and the statutory share of inheritance of Defendant C is 3/9, Defendant D, E, and F are 2/9, respectively.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff entered into the instant lease agreement with the deceased, and the deceased must pay KRW 20,00,000,000, which is unpaid lease deposit upon the notice of termination of the said lease agreement, to the Plaintiff. Since the deceased died, the Defendants are obliged to pay the Plaintiff according to the inheritance shares.

B. In the relevant trial, the instant building was deemed to have been trusted from H to the Deceased, and the registration of ownership transfer was cancelled. Accordingly, the instant building is not owned by the Deceased. The Deceased delegated all the authority to receive the lease contract and the lease deposit to H, and the Plaintiff paid the lease deposit to H upon entering into the instant lease contract with H. Therefore, the Plaintiff should seek the payment of the lease deposit or seek the payment to the final acquisitor of the said building. 2)

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