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(영문) 서울남부지방법원 2018.11.16 2017가단24858
전세보증금반환
Text

1. The Plaintiff, Defendant B, Defendant C, D, E, and F, respectively, KRW 10,00,00, and Defendant G and J KRW 19,41,765, respectively.

Reasons

1. Basic facts

A. On November 2, 1994, K completed the registration of ownership transfer with respect to Lane Apartment 303 Dong 203, Gangseo-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

B. On June 17, 2003, the Plaintiff concluded a lease agreement with Defendant J on behalf of K to the term of 92,000,000, and the term of lease from June 17, 2003 to 24 months. ② Around June 17, 2005, the lease deposit was reduced to 85,00,000,000 won.

(hereinafter referred to as the “instant lease contract”) c.

On the other hand, K died on July 21, 2006 during the lease agreement period of this case, and his heir died on July 21, 2006, and there was Defendant C, D, E, F, G, J (Inheritance shares 2/17) as the wife, Defendant C, C, C, F, G, and D (Inheritance shares 2/17) as the wife, and the heir of the child M who died on December 20, 204 as the substitute heir, Defendant H, I (Inheritance shares 1/17), and the above heir succeeded to the apartment of this case by inheritance.

Defendant J, even after the death of K, entered into a lease agreement with K as its agent on June 20, 2007, and between the Plaintiff and the Plaintiff on June 20, 2007, which increases the lease deposit amount of KRW 105,000,000. ② Afterward renewal, Defendant J increased the lease deposit with the Plaintiff to KRW 165,00,000 on June 20, 2015.

(hereinafter referred to as “instant lease agreement”) a lease agreement entered into by increasing the deposit after K’s death. [Grounds for recognition] The fact that there is no dispute, each entry in Gap’s evidence Nos. 1 through 7 (including provisional number), and the purport of the whole pleadings.

2. The part of the Plaintiff’s claim against Defendant C, D, E, F, H, and J

A. 1) Inasmuch as the Plaintiff’s assertion 2 lease agreement of this case terminated due to the expiration of the period of validity, the Defendants, the heir of the lessor K of the instant lease agreement of this case, were returned KRW 165,00,000, and Defendant B, according to the lessee’s share in inheritance, pursuant to the Plaintiff’s share in inheritance, KRW 29,117,647 (=165,00,000) x 3/17 shares.

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