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(영문) 인천지방법원부천지원 2015.03.18 2014가단38243
근저당권말소 등
Text

1. Defendant (Appointed Party) B, Defendant C, D, and designated parties shall be attached to the Plaintiff, among the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On October 22, 2013, the Plaintiff entered into a lease contract for lease on a deposit basis (hereinafter “instant lease contract”) with respect to the real estate listed in the deceased E and the annexed sheet (hereinafter “instant housing”) from October 22, 2013 to October 21, 2015, and the network E completed the registration of lease on a deposit basis (hereinafter “registration of lease on a deposit basis”) as indicated in the order as to the instant housing on October 25, 2013.

B. On July 25, 2014, the network E inherited the Deceased according to the inheritance shares listed in the separate sheet by the Defendant (the appointed party, hereinafter “Defendant”) B, the appointed party, and Defendant C and D.

C. On August 11, 2014, the other inheritors except Defendant C and D, among the deceased E’s successors, requested the Plaintiff to terminate the instant lease contract and refund the deposit to the Plaintiff, and the Plaintiff received such request.

On September 19, 2014, the Plaintiff: (a) divided the total amount of KRW 50 million by inheritance shares; and (b) deposited the amount to the Defendants and the designated parties as deposited in the separate sheet as shown in the separate sheet; and (c) deposited the amount to the Defendants and the designated parties as deposited in this court.

E. The Plaintiff expressed his/her intent to terminate the instant lease contract on the ground of the return of the deposit for lease deposit through the instant complaint, and the duplicate of the complaint reached the Defendants and the designated parties from October 16, 2014 to December 19, 2014.

[Ground of recognition] Facts without dispute, obvious facts in records, Gap 1-4 evidence, purport of the whole pleadings

2. According to the above facts of recognition, since the lease contract of this case was lawfully terminated on December 19, 2014, the Defendants and the designated parties are obliged to implement the procedure of registration cancellation of lease of this case according to their respective inheritance shares.

3. Therefore, the Plaintiff’s claim is accepted in entirety, and the costs of lawsuit are to be borne by each party in consideration of the progress of litigation, etc. as per Disposition.

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