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(영문) 청주지방법원 2015.07.08 2014가단14849
임대차보증금반환
Text

1. Within the scope of the property inherited from the deceased D (EE, Death on July 16, 2012), Defendant B shall be within the scope of the property, and Defendant B shall be within the scope of 26,404.

Reasons

1. On January 30, 2012, the Plaintiff’s agent on January 30, 2012: G, the agent of the network D, and the Plaintiff’s agent concluded a lease contract with a fixed period of two years from February 20, 2012, with respect to KRW 305, among the multi-family houses (1st floor, 96m2, 78.17m2, 3rd floor, 45.47m2, underground 79.07m2) with three floors in the G and the G, Dongjak-gu Seoul Metropolitan Government, and the multi-family houses (1st floor, 96m2, 78.17m2, 79.

On March 22, 2013, after the term of lease expires, the Plaintiff completed the registration of the lease of the third floor multi-family house on the ground of the order of lease registration of the Seoul Central District Court 2013Kadan1136. On January 9, 2014, the Plaintiff was appointed as the Cheongcheon-gu Cheongcheon-dong, Seoul Central District Court on the ground of the order of lease registration of the third floor.

On July 16, 2012, the network D died, and its heir G, I, and J as well as Defendant B, Defendant C.

G, I, and J renounced the deceased D’s inheritance (Seoul Family Court Decision 2012J 8764, Seoul Family Court Decision 8764, Dec. 1, 201), and the Defendants were qualified.

(Seoul Family Court (Seoul Family Court Decision 2012 2012 Ma8765, 2013 Madan750, 750). Upon the application for voluntary auction by one bank, one of the right to collateral security against multi-family houses, the Seoul Central District Court, K real estate auction on the third floor, was in progress, and sold to L on June 12, 2014. The Plaintiff received dividends of KRW 5,91,876 out of the proceeds of the sale.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of whole pleadings

2. The judgment network D had the obligation to return the remaining lease deposit amount of KRW 44,008,124 (the amount calculated by subtracting the above dividends of KRW 5,91,876 from the amount of KRW 50,000,000) to the Plaintiff, and Defendant B and Defendant C succeeded to such obligation according to their inherited shares, which qualified the trust property of the network D.

Therefore, within the scope of the property inherited from the network D, Defendant B sought from the Plaintiff as of January 10, 2014, the following day after the delivery of the above 305 units, with respect to the money of KRW 26,404,874 (hereinafter the same shall apply), KRW 17,603,249 ( KRW 44,008,124) and each of the above money.

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