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(영문) 창원지방법원 2020.10.22 2019나58053
보증금반환
Text

Among the judgment of the first instance, the part against the plaintiff corresponding to the money ordering payment shall be revoked.

2. The plaintiff

Reasons

1. Basic facts

A. The net F (hereinafter “the deceased”) and J are the Plaintiff’s South-North dynamics.

On the other hand, the deceased and the designated parties C are legal spouses, and the designated parties D, Defendant B, and the designated parties E are their children.

B. Around September 6, 2010, the Plaintiff leased and resided in the L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based

C. The Deceased died around October 8, 2018. While the Defendants inherited the Deceased according to their respective shares of inheritance, among the property of the Deceased, the instant building and its site were Defendant B, Gyeongnam-gun, Gyeongnam-gun, and the above-ground buildings were inherited solely by the Selection Party E through an agreement on the division of inherited property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. On June 26, 2012, the Plaintiff leased and resided in part of the instant building from the Deceased without fixing a deposit of KRW 30 million. On July 9, 2018, the Plaintiff notified the Deceased of the termination of the said lease. Defendant B, who succeeded to the lessor’s status by solely succeeding the instant building, is obligated to return the said deposit to the Plaintiff.

B. The Plaintiff loaned to the Deceased KRW 30 million on March 27, 2012, and KRW 10 million on August 2012. As such, the Defendants who inherited the Deceased are obligated to repay the said loan to the Plaintiff according to their respective shares of inheritance.

C. Around September 2016, the Deceased brought KRW 17 million in cash to the Plaintiff’s without permission. On November 9, 2016, the Plaintiff’s account was withdrawn and consumed without permission. As such, the Defendants who inherited the Deceased are obligated to pay the Plaintiff the liability for damages arising from the deceased’s tort according to their respective shares of inheritance.

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