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(영문) 의정부지방법원 2021.01.20 2018가단22305
임대료
Text

Defendant: (a) KRW 7,057,142, Plaintiff C, and D respectively to Plaintiff B and each of them from November 21, 2018 to November 2021, 2021.

Reasons

1. Basic facts

A. On March 5, 2008, Nonparty F completed the registration of transfer of ownership on the fourth floor building located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) due to voluntary auction.

B. Around November 2010, the Defendant leased the fourth floor of the instant building from F with a deposit of KRW 10,000,000, the lease period from January 1, 201 to December 31, 2012, and the rent of KRW 950,000 per month (No. 2).

On September 1, 201, the Defendant leased the second floor of the instant building from F as KRW 5,00,000, the lease term from January 1, 2012 to December 31, 2013, and the rent of KRW 1,200,000 per month (No. 2).

On September 11, 2012, Nonparty A completed the registration of transfer of ownership on one-third share of the instant building due to sale.

E. On December 19, 2014, the Defendant concluded a new lease agreement with the Deceased on the lease of the fourth floor of the instant building, and the monthly rent was agreed at KRW 316,660, which is the 1/3th of the previous KRW 950,000 (No. 4-1 evidence). During the period from January 1, 2014 to May 1, 2015, the Defendant paid to the Deceased the sum of KRW 1,89,997 as the rent for the fourth floor of the instant building.

G. On April 26, 2019, Nonparty A (hereinafter “the Deceased”) died on April 26, 2019, Plaintiff B inherited 3/7 shares as the husband of the Deceased, and 2/7 shares of the same C and D as their children, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s assertion that the Plaintiff is obligated to return to the Deceased the rent of KRW 5,200,000 (= KRW 1,200,000 x 13 months) for the 13-month period from September 11, 2012 to October 31, 2013 when the Defendant acquired the ownership of the Deceased on the second floor of the instant building (i.e., 1,200,000).

The Defendant should pay rent for the fourth floor of the instant building.

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