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(영문) 서울중앙지방법원 2019.07.18 2018가단5243044
보증금반환
Text

1. The Defendant’s KRW 194,306,780 for the Plaintiff and 5% per annum from June 28, 2018 to July 18, 2019.

Reasons

1. Facts of recognition;

A. From around 2011, the deceased A (hereinafter “the deceased”) concluded a lease agreement between the Defendant and the Defendant on February 11, 2015, setting the lease deposit amount of KRW 200 million with respect to the instant real estate, and from April 3, 2015 to April 3, 2017 (hereinafter “the instant lease agreement”).

Since April 3, 2017, the instant lease agreement was implicitly renewed and its lease term extended to April 3, 2019. The deceased agreed to pay KRW 200,000 as monthly rent from April 3, 2017.

B. On December 11, 2017, the Deceased died without any relative, and the Defendant recovered the deceased’s body, while organizing the remains, and stored them in the custodian.

C. The unpaid rent of the deceased is KRW 1,80,000. The Defendant paid the unpaid rent of KRW 952,710, and the unpaid gas fee of KRW 335,510 on behalf of the deceased. As the lease contract is terminated upon the death of the deceased, the Defendant suffered losses from the commission of KRW 700,000, the unpaid rent of KRW 702,000, and the storage cost of KRW 583,000.

On June 27, 2018, a new lessee occupied the instant real estate.

E. On July 26, 2018, the Plaintiff was appointed as an administrator of inherited property of the deceased upon the Seoul Family Court Decision 2018 Do-Ma1434, who was appointed as an administrator of inherited property.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 3, Eul evidence 1 to Eul evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. The instant lease agreement, based on the determination on the cause of the Plaintiff’s claim, was terminated on June 27, 2018 by a new lessee who moved into the instant real estate, making it impossible for the Defendant to perform his/her duty as a lessor. At the same time, the instant real estate was delivered to the Defendant, who is the lessor.

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