A. On January 9, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and C, a co-owner of the Seoul Jung-gu D E (hereinafter “instant real estate”) to lease the instant real estate by setting the lease deposit amount of KRW 135 million and the period from February 14, 2016 to February 14, 2018 (hereinafter “instant lease agreement”). The term of the instant lease agreement was extended by December 31, 2018 upon agreement between the parties.

B. On April 30, 2019, the Plaintiff and the Defendant and C did not refund KRW 135 million as to the instant real estate on April 30, 2019, filed an application for the order of lease registration on May 14, 2019 with the Seoul Northern District Court 2019Kao105, and received the order of lease registration from the said court. On June 15, 2019, the Plaintiff retired from the instant real estate on June 15, 2019 after completing the said order of lease registration.

C. On June 17, 2019, the Defendant paid to the Plaintiff KRW 67.5 million equivalent to KRW 1/2 of the instant lease deposit.

Meanwhile, as the Plaintiff did not receive the remaining lease deposit of KRW 67.5 million, the Plaintiff filed a lawsuit against C seeking the return of KRW 65.7 million with the Seoul Eastern District Court 2019Kadan137984, and the said court rendered a judgment accepting the Plaintiff’s claim on October 23, 2019, and the said judgment became final and conclusive on December 5, 2019.

E. C does not refund the remainder of the lease deposit to the Plaintiff, notwithstanding the above final judgment.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 11, the purport of the whole pleadings

2. Where co-owners of a building make a joint lease of the building and receive security deposit, such lease does not lend their respective co-ownership, except in extenuating circumstances, but jointly lease the object of lease as many parties, and the obligation to refund the security deposit falls under an indivisible obligation due to its nature;

Supreme Court Decision 199 delivered on December 2, 1998