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(영문) 서울서부지방법원 2015.06.25 2015가합908
임대보증금반환
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1. The defendant shall pay to the plaintiff KRW 155,00,000 within the scope of the property inherited from the deceased C.

2...

Reasons

1. Facts of recognition;

A. On January 2, 2014, the Plaintiff leased Article 1916 of the Seodaemun-gu Seoul Metropolitan Government Building D (hereinafter “instant real estate”) at KRW 15,00,000 for the term of lease from January 29, 2014 to January 29, 2015 (hereinafter “instant lease contract”). From that time, the Plaintiff paid KRW 15,000,000 for the total deposit to C by January 29, 2014.

B. C died on January 13, 2015, and at the time of death, C was the wife’s family member of the deceased C (hereinafter “the deceased”). F, G and Defendant, the wife’s children, were F, and the Defendant.

C. On February 17, 2015, E, F, and G reported the renunciation of the deceased’s inheritance (Seoul Family Court 2015Ra1652), and the Seoul Family Court rendered a judgment accepting the above report on May 8, 2015.

On February 17, 2015, the Defendant reported on the qualified acceptance of the deceased’s inheritance (Seoul Family Court 2015Ra1657), and on May 7, 2015, the Seoul Family Court accepted the above report.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was terminated on January 29, 2015 after the expiration of the period.

Therefore, the defendant, who is the inheritor of the deceased, is obligated to return the deposit amount of KRW 155,00,000 to the plaintiff as the lessee, unless there are special circumstances.

B. The defendant's defense is defense that the defendant bears the obligation of the deceased only within the scope of the inherited property, so the defendant's defense is acknowledged as above, and the defendant's qualified acceptance of inheritance of the deceased's property on February 17, 2015. According to the above facts, the defendant bears the obligation to return the deposit of this case only within the scope of the property inherited from the deceased. Thus, the defendant's defense is justified.

C. Accordingly, the defendant shall succeed to the property inherited from the deceased.

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