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(영문) 서울중앙지방법원 2019.05.09 2018가합544268
임대차보증금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 213,421,681 won and 5% per annum from March 15, 2018 to May 9, 2019.

Reasons

Basic Facts

On April 18, 2015, the network D and the Defendants’ lease agreement (hereinafter “the network”) concluded a contract with the Defendants to lease the Seocho-gu Seoul E apartmentF (hereinafter “instant real estate”) with the deposit amount of KRW 220,000,000 (hereinafter “the instant lease deposit”), monthly rent of KRW 350,000, and the lease term of KRW 350,000 (hereinafter “the instant lease agreement”) from April 15, 2015 to April 14, 2017 (hereinafter “the instant lease agreement”).

On March 10, 2017, the Deceased’s testamentary gift and the Deceased’s Death had a notary public attend the law firm G office as a witness, and then prepared a testamentary document stating the Plaintiff as a testamentary gift of the claim for the return of the lease deposit (hereinafter “notarial deed of this case”) with the said law firm preparation document No. 144, 2017.

The following are applicable to the contents of notarial deeds of this case.

A testator (Lessee) has a right to claim the return of the deposit for lease of an additional apartment lease contract (the lease contract in this case) owned by the testator D against Defendant B, a joint tenant, and Defendant C, a joint tenant, testamentary donee with the Plaintiff at KRW 20,000,000.

After the death of the deceased on March 22, 2017, the name of the executor of the will, the Plaintiff, J, K, L, and M were co-inheritors of the deceased.

L, among L’s possession of the instant real estate and the inheritors’ co-inheritors, argued to the effect that L, from the end of March 2017, residing in the instant real estate from around the end of March, 2017, the Defendants cannot deliver the instant real estate until the dispute over the inherited property is settled.

Meanwhile, the Plaintiff asserted to the Defendants that he received a testamentary gift from the Deceased’s claim for the return of the instant lease deposit, and requested the Defendants to return the instant lease deposit. Based on the above request, the Plaintiff transmitted the instant testamentary document to the Defendants.

(e).

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