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(영문) 광주지방법원 2015.06.04 2015가단504078
유증으로인한금원지급
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

Parties D is a person who leased and operated the Felel in the fourth floor building in Gwangju Northern-gu E (hereinafter referred to as the “instant Moel”) from Defendant B for a deposit of KRW 80 million. G is a person who is living in one guest room among the instant Moel. Defendant C succeeds to the lessee status of the instant Moel and operates the current Moel.

On December 6, 2009, the lease relationship D of the instant Moel, as the broker of Defendant C, leased the instant Moel from Defendant B without monthly rent of KRW 50 million. Since then, the lease contract was renewed several times between Defendant B and Defendant B. On January 10, 2014, the agreement was concluded between Defendant B and Defendant B to lease the instant Moel with KRW 80 million until December 6, 2015.

At the time, Defendant C representedd D, and the special terms and conditions stipulate that “the lessee shall be determined as C when the lessee dies.”

D’s will D had been made by an authentic document under Article 1068 of the Civil Act (hereinafter “instant will”) as a notary public of H in March 24, 2014, 2014, a notary public of the Gwangju District Public Prosecutor’s Office No. 205, the document No. 2014, and the content was bequeathed to G about the claim for refund of the lease deposit amount of KRW 80,000,000 for the instant telecom, and the Plaintiff was designated as the executor, and the lease agreement was attached on January 10, 2014 for the instant telecom.

On April 2014, Defendant C’s succession to the lessee status of Defendant C succeeded to the lessee status under D’s lease agreement with the Defendants, and entered into a new lease agreement between the Defendants, but entered into an oral agreement with the Defendants to substitute for the receipt of deposit money with D’s deposit.

Accordingly, on April 21, 2014, Defendant C agreed to lease the instant telecom with Defendant B by December 6, 2015.

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