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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 23, 2013, the Plaintiff entered into a contract for lease deposit of KRW 65,00,000, and the term of lease from June 29, 2013 to June 28, 2015 (hereinafter “instant lease contract”) with respect to real estate listed in the separate sheet owned by the network D, and completed the move-in report and the fixed date on July 8, 2013 and resided therein.
B. Although the instant lease agreement terminated on or around June 2016, the Plaintiff failed to refund the lease deposit from the network D, the Plaintiff completed the registration of the vice branch of the Busan District Court and the registration of the lease of a house with the head of Busan District Court No. 34134 on September 29, 2016.
C. However, the network D died on October 16, 2016, and its bereaved family members were the Defendants, the spouse, E, and the surviving family members were the Defendants. As to the real estate stated in the attached list, the registration of the vice branch of the Busan District Court and the registration of the transfer of E’s ownership on the real estate stated in the attached list as the receipt of No. 42306 on November 17, 2016, due to the agreement division as of October 16, 2016.
As the Plaintiff demanded the return of lease deposit to E, the Plaintiff did not pay the lease deposit to E, the Plaintiff filed a lawsuit with the Busan District Court Seo-gu 2018da93555, and the above court made a decision on March 18, 2019 that “1. E shall pay 65,736,040 won to the Plaintiff until May 31, 2019. If the payment is not made by the due date, the Plaintiff shall pay 736,040 won out of the above money plus damages for delay calculated at the rate of 15% per annum from the next day to the date of complete payment. 2. E is from February 12, 2019 to the date of complete payment, the amount calculated at the rate of 30,000 won per month for the delayed period from February 12, 2019 to the date of full payment.” The remainder of the Plaintiff shall waive his/her claim to the parties concerned without settlement recommendation and settlement recommendation.