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(영문) 대구지방법원 2020.08.26 2019가단141316
보증금반환
Text

Within the scope of property inherited from the network B, the Defendants are about 33 square meters of the building F of the Gyeongdong-gun E, Gyeongbuk-gun, the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 30, 2017, the Plaintiff leased the instant studio from August 31, 2017 to August 30, 2019, the deposit for lease was KRW 43,000,000.

B. The above lease was terminated upon the expiration of the term.

C. B died on April 9, 2020. Defendant C succeeded to each of his spouse and Defendant D’s children, but each of the Defendants’ respective assets was reported as qualified acceptance and each of the repair trials became final and conclusive.

[Evidence] Facts without dispute

2. Determination

A. According to the above facts of recognition, the Defendants are obligated to pay money equivalent to each inheritance share (the same as the Plaintiff’s claim amount) out of the lease deposit, as sought by the Plaintiff, within the scope of inherited property.

B. However, the Plaintiff paid monthly management expenses (50,000 won) until June 30, 2019, and did not pay the subsequent management expenses, and the Defendants asserted that the above management expenses should be deducted from the lease deposit. As such, the Defendants are obliged to pay the remainder of the amount calculated by deducting the amount calculated by the ratio of KRW 30,000 per month from each lease deposit to the delivery date of the instant studio from July 1, 2019 to the date of delivery of the instant studio.

3. Partial acceptance of the Plaintiff’s claim

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