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(영문) 서울북부지방법원 2017.12.12 2017가단13257
건물명도
Text

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

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

Reasons

1. The Plaintiff leased the instant real estate to the deceased C (hereinafter “the deceased”) on December 7, 2009 and thereafter renewed the lease contract after the delivery thereof. On March 28, 2014, the Plaintiff entered into a final lease contract with the deceased by setting the lease deposit amount of KRW 27,210,00, the lease deposit of KRW 212,80, the rent of KRW 212,80, and the lease term of February 29, 2016. Meanwhile, the deceased died on May 2, 2015, and the fact that the Defendants were the deceased’s children as the inheritor can be acknowledged by taking into account the overall purport of the pleadings as indicated in the evidence Nos. 1 and 2 (including the serial number).

2. The Plaintiff asserted that the lease contract was terminated because the Deceased did not pay a total of KRW 1,147,755, including six-year rent until November 13, 2015. As such, the Defendants, who inherited the Deceased, are obligated to deliver the instant real estate to the Plaintiff.

However, on July 15, 2015, the Defendants, the co-inheritors of the deceased, reported the renunciation of inheritance by the Seoul Family Court Decision 2015Ra6580, and the above court accepted the above report on October 7, 2015 in this court, since it is obvious that the above report was accepted by this court. As such, the Defendants, who were the co-inheritors of the deceased, were in the same position as they were not successors since the commencement of inheritance by the retroactive effect of the renunciation of inheritance, did not have any obligation to perform the

Therefore, the plaintiff's assertion is without merit without further review.

3. Thus, the plaintiff's claim against the defendants is dismissed as it is without merit.

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