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(영문) 인천지방법원 2017.12.14 2017가단200565
임대차보증금
Text

1. The Defendants jointly share KRW 60,000,000 with interest rate of KRW 15% per annum from December 14, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Defendants are legally married couples.

B. The “instant real estate” No. 201 of the Incheon Southern-gu Dtae Dr (hereinafter “instant real estate”) was the sole ownership of the network E, and the deceased Party E was the heir, who is the spouse F and the child, and Nonparty B and Nonparty G.

C. On June 27, 2016, Defendant C entered into a lease agreement with the Plaintiff, setting the lease deposit amount of KRW 60 million with respect to the instant real estate as Defendant B’s agent (hereinafter “instant lease agreement”). At that time, Defendant C was paid KRW 60 million by the Plaintiff.

Defendant C, at the time of the conclusion of the instant lease agreement, presented a letter of renunciation of inheritance (No. 3-1) if the said F and G renounced inheritance with respect to the instant real estate to the Plaintiff.

The signature of the right side of the G name of the above renunciation of inheritance is not G but Defendant C.

E. On December 7, 2016, G sent to the Plaintiff a certificate that “the Plaintiff concluded the instant lease agreement without the consent of G, the heir of the instant real estate, and thus, cannot consent thereto.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. (i) The summary of the Plaintiff’s assertion is that Defendant C granted the right of representation to enter into the instant lease agreement from Defendant B, or that the right of representation is the basic right of representation, and thus the instant lease agreement was effective between the Plaintiff and the Defendant B.

However, the instant lease agreement is in a situation where it is impossible to perform according to G’s clear objection, which is a co-inheritors of the instant real estate, and the Plaintiff terminates the lease by serving a duplicate of the instant complaint.

Therefore, Defendant B is a lessor, and Defendant C is a joint lessor who directly entered into the instant lease agreement, and is jointly and severally liable to the Plaintiff for the said lease deposit amounting to KRW 60 million.

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