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(영문) 울산지방법원 2019.07.10 2018가단74305
임대차보증금
Text

1. The Defendants jointly do so with the Plaintiff’s delivery of real estate stated in Section 1 of the Attached List from the Plaintiff A.

Reasons

1. Basic facts

A. The building including each real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant building”) was originally owned by Nonparty E. However, upon the death of August 27, 2007 and 12 persons including Defendant D (hereinafter “heirs”) including the instant building inherited the instant building and completed the registration of ownership transfer on December 27, 2013, and thereafter, Defendant CHousing Redevelopment and Improvement Project Association (hereinafter “Defendant Cooperative”) acquired shares in the instant building from October 25, 2017 to November 17, 2017, according to the procedure for consultation on the purchase of public land by the remaining successors except Defendant D and acquired shares in the public land.

B. On August 17, 2011, Plaintiff A entered into a lease agreement with Defendant D who represents the heir, setting the lease deposit amount of KRW 50 million and the term from August 17, 2011 to July 16, 2014. Plaintiff B entered into a lease agreement with Defendant D who represents the heir, setting the lease deposit amount of KRW 36 million and the term from August 17, 2015 to KRW 24 months. The Plaintiffs thereafter paid the said lease deposit to Defendant D, and occupied and used each of the instant real estate.

C. After that, the lessee of the instant building, including the Plaintiffs, was no longer able to use the instant building through consultation with the Defendant Cooperative on the acquisition procedure of the land for public use, the lessee of the instant building terminated the lease contract with the inheritor and sought the return of the lease deposit. Defendant D around January 9, 2017, on behalf of the inheritor, claimed that the lessee of the instant building should return the lease deposit to the heir of the instant building by inheritance and request the heir to pay the remainder of the compensation.

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