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(영문) 대구지방법원 2019.01.31 2018나1580
임대차보증금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On July 19, 2001, the Plaintiff entered into a lease agreement with F on the lease term of 20 square meters for a period from July 20, 2001 to July 24, 2001, on the lease term of 1 million won for rental deposit, and 200,000 won for monthly rent (hereinafter “instant lease agreement”). The instant lease agreement has been explicitly renewed after the expiration of the lease term.

B. Since then, F died, and F’s heir is Defendant C, D, and E, the wife of the Defendant B, the wife of the F.

(hereinafter referred to as “F”). [Ground of recognition] A without dispute, entry of evidence No. 1, and purport of the whole pleadings

2. The Plaintiff’s monthly rent of the instant lease agreement was reduced from KRW 200,000 to KRW 100,000 on March 5, 2011, and accordingly, the Plaintiff paid KRW 100,000 per month to the Defendant from March 11, 2011 to March 25, 2017.

On April 24, 2017, when the instant lease agreement was implicitly renewed, the Plaintiff asserted the termination of the lease agreement on the part of the Defendant, and delivered the instant building to the Defendant around May 30, 2017.

Therefore, the heir of the deceased, a lessor, is obligated to pay one million won and damages for delay to the Plaintiff, a lessee, according to the return of lease deposit. The Defendants, the heir of the deceased, are obligated to pay to the Plaintiff according to their respective inheritance share ratio, and Defendant B, Defendant B, Defendant C, D, and E, respectively, KRW 222,222 (=one million x 2/9) and damages for delay.

However, the Defendants seek for the payment of each of the above money by litigation, on the ground that the Plaintiff did not pay the annual factory rent (rent) as of April 24, 2017.

3. The lease for judgment, deposits received from the lease of real estate shall be based on the lease, such as rent obligations, damages liability due to the loss of, damage to, etc. of an object;

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