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(영문) 인천지방법원부천지원 2014.09.19 2014가단12074
임대차보증금반환
Text

1. The Plaintiff:

A. At the same time, Defendant B received from the Plaintiff the F No. 1 floor No. 2 of Bupyeong-gu, Busan and as well, Defendant B.

Reasons

1. Facts of recognition;

A. On September 30, 2009, the Plaintiff leased KRW 50 million from G to November 4, 201, the deposit amount of KRW 50 million from November 4, 2009, and the term of lease from November 3, 201. On November 30, 201, the Plaintiff concluded a contract with G and the said lease agreement to increase the deposit amount of KRW 60 million and the term of lease by November 3, 2013.

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

G died on September 15, 2013, and the wife Defendant C, D, and E succeeded to G.

C. On January 24, 2014, the Plaintiff notified the Defendants, the heir of G, that the term of the instant lease agreement will not be extended. On January 24, 2014, the Plaintiff concluded a lease agreement between H and YY-gu I apartment No. 203, the deposit amount of KRW 60 million, and the lease period from February 28, 2014 to February 27, 2016, and issued the down payment amount of KRW 6 million to H on the same day.

The Plaintiff notified the Defendants of the fact that the said lease agreement was newly concluded and demanded the return of KRW 60 million. However, the Defendants refused to return the said lease deposit on the ground that the Defendants, the inheritor, did not reach an agreement on inherited property, and did not seek a new lessee for the instant real estate.

The Plaintiff demanded Defendant B, etc. to refund the said lease deposit by March 10, 2014, but failed to pay the remainder of the lease deposit KRW 60 million to H, on or around February 27, 2014.

H forfeited the down payment amount of KRW 6 million from the Plaintiff on April 2014 on the ground that the remainder of the lease deposit was paid in the amount of KRW 54 million.

[Ground of recognition] The absence of dispute, entry of Gap evidence 1 through 9 (including the branch number) and fact-finding with the head of Gangseo-gu.

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