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1. The defendant shall pay to the plaintiff A KRW 42,857,142, and KRW 38,571,428, respectively, to the plaintiff B and C.
2. The costs of lawsuit shall be.
Reasons
1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (4) and the purport of the entire pleadings.
A. On November 11, 2016, the Defendant is the owner of the instant house, which completed the registration of ownership transfer on December 9, 2016, after purchasing the F Building G head (hereinafter referred to as “instant house”) from Jung-gu, Young-gu, G (hereinafter referred to as “instant house”) which is a residential building prescribed by the Housing Lease Protection Act.
B. On December 12, 2016, the network H (hereinafter “the deceased”) entered into a lease agreement with the Defendant on the condition that the deceased rents the instant house from the Defendant from December 12, 2016 to December 11, 2018 (hereinafter “the lease agreement”) and paid the full amount of the instant lease deposit. At that time, the deceased occupied the instant house with the Plaintiff A, B, and C, who are her husband, to live together with the Plaintiff, B, and C, who are her husband.
C. On January 20, 2017, the Deceased died, and the Plaintiffs jointly inherited the right to lease of this case.
(Inheritance Shares: Plaintiffs A3/7, Plaintiff B, and C 2/7). D.
The lease of this case was implicitly renewed on December 11, 2018.
(Plaintiffs asserted that the lease of this case was terminated on December 11, 2018 by notifying the Defendant of the refusal of renewal. According to Article 6(1) of the Housing Lease Protection Act, the lessee must notify the Defendant of the refusal of renewal one month prior to the expiration of the lease term. There is no evidence to prove that the Plaintiffs notified the Defendant of the refusal of renewal one month prior to December 11, 2018. The Plaintiffs’ above assertion is rejected).
The plaintiffs asserted that the lease of this case was terminated, and the complaint of this case claiming the return of the lease deposit against the defendant was served on July 31, 2019 on the defendant.
F. Meanwhile, on January 17, 2019, the Defendant rendered the Plaintiff A the lease deposit of this case on January 17, 2010.