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(영문) 서울남부지방법원 2019.11.05 2019가단2111
임차보증금 반환
Text

1. The Defendants are either KRW 4,435,355 and their importance to the Plaintiff within the scope of property inherited from the deceased E (F).

Reasons

1. Basic facts

A. On March 31, 2015, the Plaintiff obtained permission to open name E (former G; hereinafter “the deceased”) from this Court on June 20, 2017.

From the perspective of the two-story housing owned by the deceased in Guro-gu Seoul Metropolitan Government (hereinafter “instant housing”), the lease deposit was set at KRW 110,000,000,000, and from April 8, 2015 to April 7, 2017, the lease deposit was fully paid to the deceased at around that time.

B. The instant lease agreement was renewed on April 7, 2018 between the Plaintiff and the Deceased by setting the lease term until April 7, 2018. On October 23, 2017, a voluntary decision to commence the instant lease was rendered, and the Plaintiff demanded the Deceased to terminate the said lease agreement and demanded the return of the lease deposit.

C. The Deceased failed to return the said lease deposit to the Plaintiff. Accordingly, the Plaintiff applied for the order of lease registration of the instant housing on October 18, 2018, and the order of lease registration was issued on October 18, 2018. The registration of the instant housing lease was completed on November 14, 2018.

The cost of lease registration was 1,371,000 won.

On October 19, 2018, the Plaintiff delivered the leased portion of this case to the Deceased.

E. On February 11, 2019, the Deceased paid KRW 100,000,000 in total, as the name of returning the lease deposit to the Plaintiff, and KRW 70,000,000 in total, on February 23, 2019, and KRW 20,000,000 in total, on March 3, 2019.

F. On April 2, 2019, the Deceased died, and his heir is the Defendants, who are their children.

G. On July 25, 2019, the Defendants were tried to approve the inheritance of the deceased’s property as the Seoul Family Court Decision 2019Hu51694, and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 to 3, and arguments.

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