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(영문) 의정부지방법원 2017.06.29 2015가단107212
임차권존재확인 등
Text

1. Each of the plaintiffs' primary claims is dismissed.

2. Defendant E shall be within the scope of the property inherited from the net F.

Reasons

1. Basic facts

A. On December 13, 1989, the Plaintiff owned the above house after acquiring the ownership of the house listed in the separate sheet (hereinafter “instant house”) by the Defendant C’s ownership.

B. On October 28, 2008, Defendant C entered into a lease agreement between Defendant C and F with regard to the part of the first and second floors of the instant housing between F and F, with the term of 20,000,000,000,000,000,00 monthly rent, and the term of 250,000,000,000 from November 28, 2008 to November 27, 2010 (hereinafter the above lease agreement is referred to as “first lease agreement”).

(2) Defendant D, as a real estate broker, mediated the first lease contract.

C. The Plaintiffs’ conclusion of a lease agreement and the Plaintiff’s possession of a house were implicitly renewed several times, while F entered into a lease agreement with Defendant C as the lessor on May 13, 2014 with respect to the part on the second floor of the instant housing between the Plaintiff and the Plaintiff, with the term of lease KRW 45,00,000,000, and the term of lease from June 6, 2014 to June 6, 2016; and on November 21, 2014, between Plaintiff B and the Plaintiff, each lease agreement was concluded between the Plaintiff and the term of lease (hereinafter “each of the above lease agreements”) by setting the lease deposit for the part on the first floor of the instant housing as KRW 50,000,000, and the term of lease from December 17, 2014 to December 17, 2016 (hereinafter “each of the above lease agreements”).

(2) As of the date of the closing of argument, Plaintiff A occupies the second floor of the instant house, and Plaintiff B occupies the first floor of the instant house.

The FF’s death died on March 16, 2015, and the heir was his wife G and Defendant E, and G filed a waiver of inheritance with this court on June 18, 2015, and Defendant E filed the said declaration on May 15, 2015, and the said declaration was accepted on October 21, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Gap evidence No. 7-1, 2, Gap evidence No. 8, Eul evidence No. 1, Eul evidence No. 2, and the purport of the whole pleadings

2. The primary claim shall be made;

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