(영문) 전주지방법원 2020.10.28 2020나2055 | 리걸엔진

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줄 간격

자간(%)

(영문) 전주지방법원 2020.10.28 2020나2055

임대차보증금반환

Text

1. The judgment of the court of first instance is modified as follows.

To the extent of the property inherited from the net C, the selected person.

Reasons

1. There is no dispute between the parties as to the grounds for the claim and the changed grounds for the claim.

2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the deceased C’s inheritors, who succeeded to the lessor status of the instant lease agreement, and the appointed parties, are jointly obligated to jointly return KRW 10,000,000 to the Plaintiff.

However, according to the evidence Nos. 1 and 2, the fact that the deceased C's property inheritance was adjudicated on April 12, 2010 to accept the inheritance limited approval, report, or acceptance on April 12, 2010 (the Jung-gu District Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's Decision 2010-Ma352), the defendant (Appointed Party) and the remaining designated parties are recognized respectively (the same court's High Court's Decision 2010-Ma353).

Therefore, within the scope of the property inherited from the deceased C, the Appointer D is deemed to have terminated the instant lease contract until December 24, 2018, since it is reasonable to deem that the instant lease contract was terminated by December 24, 2018, which is the date of the order of lease registration, even though the Plaintiff failed to prove the termination of the instant lease contract, on December 24, 2018.

From October 28, 2020, which is the date of the decision of the party concerned, the defendant (appointed party) is obligated to pay 5% per annum as provided by the Civil Act until October 28, 2020, and 12% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. The plaintiff's claim against the defendant (Appointed party) and the remaining designated parties is without merit.

3. In conclusion, the plaintiff's claim against the appointed party D shall be accepted within the extent of the above recognition, and the remaining claims shall be dismissed as it is without merit. The claims against the defendant (appointed party) and the remaining appointed parties shall be dismissed as it is without merit.

The judgment of the first instance is the same.

참조조문

-민법

-소송촉진 등에 관한 특례법

유사 판례

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