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Reasons
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(영문) 서울남부지방법원 2016.11.30 2016가단201535
임대차보증금
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1. Defendant C’s KRW 4,315,075, and Defendant D, E, and F respectively, and each of them from December 28, 2015.

Reasons

1. Facts of recognition;

A. On March 15, 200, Plaintiff A entered into a lease agreement between G and G on three floors in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant building”) with the lease deposit deposit amount of KRW 20,000,000, monthly rent of KRW 1,300,000 (No. 30 on January 30), and the lease agreement (No. 12 months on March 20, 200 with the lease deposit of KRW 30,000, monthly rent of KRW 300,000, monthly rent of KRW 300,000, and the lease agreement (No. 1 on March 20, 200) with the lease deposit of KRW 12 months.

B. On July 3, 2008, Plaintiff B, a partner of Plaintiff A, leased the fourth floor of the instant building as the lease deposit amount of KRW 8,00,00,000, monthly rent of KRW 1,400,00 (Monthly 3) and the lease period of KRW 24 months from July 3, 2008. The monthly rent of Plaintiff A’s above lease contract was also increased to KRW 1,40,000 from September 3, 2008.

C. Meanwhile, G died on April 21, 2014, and Defendant C inherited the instant building as his spouse and Defendant D, E, and F as their children according to their shares of inheritance.

The Plaintiffs requested the Defendants to terminate each of the above lease agreements, and on December 20, 2015, the Plaintiffs and the Defendants deleted the phrase “In principle, the lessee shall remove and restore the facilities installed by the lessee by December 27, 2015,” stating that “The lessee shall terminate the lease agreement on the said real estate to December 27, 2015, and the lessee shall bear the amount of use by December 24, 2015.”

E. On December 13, 2015, Defendant C sent to the Plaintiff B the letter “I am dice, 3, and 4 keys. I am d’, and I am d’, the 300,000 won deduction from September 3, 2012.”

The monthly rent paid by the Plaintiffs in relation to the instant lease agreement is as shown in the attached Table. The Plaintiff A paid KRW 1.4 million out of the monthly rent in 2010, KRW 4.2 million out of the monthly rent in 2011, KRW 1,219,354 out of the monthly rent in 2015, and KRW 1,219,354 out of the monthly rent in 2015 (=1,400,000 x 27 days/31 days), and Plaintiff B paid the monthly rent in 2010.

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