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The defendant's KRW 53,33,33 and its 5% per annum from April 6, 2020 to October 22, 2020 to the plaintiff.
Reasons
1. Facts of recognition;
A. C owned each real estate listed in the separate sheet (hereinafter “instant real estate”) from May 27, 1978, and died on April 12, 2018.
B. At the time of the death of C, there are Plaintiffs, D, and E, who are their children at the time of the death of C, and D died on October 22, 2017, and the Defendant, who is his child, inherited D by representation.
Accordingly, the inheritance shares of the plaintiff, defendant, and E in C's property are 1/3, respectively.
C. The Defendant filed a petition for a trial on the division of inherited property against the Plaintiff and D with Suwon Family Court No. 2019Dhap1192 (hereinafter “related case”) and rendered a final judgment that “The said court divided the instant real estate into one-third shares and divided them into one-third shares,” and the said judgment became final and conclusive as it is.
[Reasons for Recognition] Gap evidence Nos. 1, 2, 9, Eul evidence Nos. 2 and 7, the purport of the whole pleadings
2. The assertion and judgment
A. C entered into a lease agreement between F and F on March 28, 2015, stipulating that C shall lease the part of the first floor of the instant real estate to F with the term of May 29, 2017 by setting the lease deposit amount of KRW 130,000,000, and the lease period as of May 29, 2017. At that time, C received the said lease deposit from F and delivered it.
B) Around March 2017, C, upon renewal of the above lease agreement with F, increased the lease deposit to KRW 160 million. Around that time, F received KRW 30 million increased from F.C. Around September 2018, F requested F to accept the lease deposit by October 18, 2018, while the normal use of the leased building is impossible as the heir of C, the Defendant, and E, and notified F that the said lease contract will be terminated by the said deadline. The Plaintiff requested F to return the lease deposit from LF, upon receipt of a request for the return of the lease deposit, KRW 30 million,000,000,000,000,000,000,000,000 won.