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(영문) 서울중앙지방법원 2018.04.19 2017가합542708

보증금반환

Text

1. Defendant D, E, F, G, and H jointly share the Plaintiff’s KRW 600 million and the real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. On December 1, 2014, the Plaintiff, by proxy of Defendant B, leased the real estate listed in the separate sheet (hereinafter “instant apartment”) from Nonparty I (hereinafter “the deceased”) for KRW 600,000,000 from March 9, 2015 to March 8, 2017 (hereinafter “instant lease contract”), and paid the deceased KRW 30,000,000 as the lease deposit, and KRW 540,000,000,000 to the deceased on March 9, 2015.

B. The Deceased died on March 26, 2015, and his heir was the Defendant C, D, E, F, G, H, and Nonparty J, who is his child, and the J waived the inheritance on April 13, 2015.

Defendant B is the wife of Defendant C.

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

2. Determination as to the Plaintiff’s claim for the refund of KRW 600 million deposit and delay damages against Defendant C, D, E, F, G, and H (hereinafter “Defendant C”)

A. 1) In the event that a lessor died before the termination of a lease agreement, co-inheritors jointly succeed to the status of a lessor under the lease agreement. In such a case, it is reasonable to view that the same legal relationship as the case where several co-inheritors exist. As such, the obligation to return the lease deposit constitutes an indivisible obligation in its nature (see Supreme Court Decision 98Da43137, Dec. 8, 1998 with respect to an indivisible obligation of a joint lessor). According to the foregoing recognition, the Plaintiff paid KRW 600 million to the Deceased upon the lease agreement of this case. After the death of the Deceased on March 26, 2015, the Defendant C et al., his heir succeeded to the status of the joint lessor under the lease agreement of this case, and thereafter the lease of this case was terminated on March 8, 2017, barring any special circumstance.