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1. The Defendants, within the limit of the property inherited from the network D, shall be KRW 37,500,000, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. On November 21, 2017, the Plaintiff leased 75 million won (hereinafter “instant apartment”) from D, the F apartment G (hereinafter “instant apartment”) on the ground outside of 1 parcel of land, E, i.e., the G (hereinafter “instant apartment”) from D, the lease deposit was determined from December 5, 2017 to December 4, 2019 without rent, and around that time, paid KRW 75 million (hereinafter “D”).
B. On December 4, 2019, the expiration date of the term of the above lease, the Plaintiff removed from the apartment of this case.
C. Meanwhile, D died on May 22, 2019.
D The Defendants, the spouse, H, and their children, are the Defendants. H filed a declaration of renunciation of inheritance with the Daejeon Family Court 2019-Ma1216, and was tried on August 19, 2019 by the said court to accept the declaration of renunciation of inheritance. The Defendants filed a declaration of refusal of inheritance with the Daejeon Family Court 2019-Ma1186, and received the said declaration of qualified acceptance from the said court on August 19, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings
2. According to the above facts of recognition, the lease contract between the Plaintiff and D was terminated due to the expiration of the contract term, and the Plaintiff may be deemed to have delivered the instant apartment to the Defendants who succeeded to D by leaving the instant apartment, so the Defendants who succeeded to D are obligated to pay to the Plaintiff damages for delay at each rate of 37.5 million won per return of the lease deposit within the scope of the property inherited from D, and the following day after the Plaintiff delivered the instant apartment from December 5, 2019 to December 15, 2020, it is evident that the duplicate of the complaint in this case was served to the Defendants from December 5, 2019 to May 15, 2020, and the damages for delay at each rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
3. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition.