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(영문) 서울동부지방법원 2014.07.24 2013가합13342
부당이득금
Text

1. Of the instant lawsuit, the part concerning the claim for the confirmation of the claim for the refund of lease deposit shall be dismissed.

2. The rejection of paragraph (1).

Reasons

Basic Facts

As the wife of Nonparty 1 C (hereinafter referred to as “the deceased”), the Plaintiff was a child between the deceased and Nonparty 4, Nonparty 1, Nonparty 2, Nonparty 2, Defendant 3, and Nonparty 7.

On April 1, 200, the deceased leased at KRW 75,00,00 with the lease deposit of KRW 701,50,000, the lease deposit of Yeongdeungpo-gu Seoul Metropolitan Government H apartment (hereinafter “H apartment”) around April 1, 200. The plaintiff, the deceased, and the defendant resided together in the above apartment from around that time.

around December 20, 2002, the deceased leased H apartment 202 Dong 502, and the plaintiff, the deceased, and the defendant resided together in the above apartment from around that time to December 22, 2006. The lease deposit of the above apartment was KRW 160,000,000 on December 22, 2006.

On December 22, 2006, the Defendant leased the lease deposit of 501, 308, Songpa-gu Seoul International Apartment (hereinafter “I Apartment”) at KRW 185,00,000, the lease deposit was set at KRW 185,000. The Plaintiff, the Deceased, and the Defendant resided together in the above apartment from around that time.

On December 24, 2010, the Defendant leased the lease deposit of KRW 220,00,00 for I apartment Nos. 530, 302, and the lease term from February 22, 2011 to February 21, 2013. The Plaintiff, the Deceased, and the Defendant resided in the above apartment from February 22, 201 to February 22, 201.

The Deceased leased the lease deposit amount of KRW 75,00,000 to Nonparty K, which was owned by the Deceased, J apartment Nos. 102, 1502, and 1502. On October 21, 201, the lease deposit was renewed, and the lease deposit was increased to KRW 115,00,000.

The Deceased died on February 28, 2012.

After the deceased’s death, the deceased’s heir, as the deceased’s spouse, drafted on March 1, 2012 the following agreements (hereinafter “instant agreement”) with the Plaintiff, children, D, E, F, Defendant, and G.

The following five children agree to transfer to the Plaintiff the ownership and all rights arising from inheritance in the name of the deceased as a separate title in the name of the deceased, with the ownership of J apartment Nos. 102 and 1052 in the name of the deceased. The above real estate is the real estate.

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