보증금반환
1. The Defendants jointly committed against the Plaintiff KRW 40,000,000 and against Defendant B and C, respectively. < Amended by Presidential Decree No. 23579, Jul. 25, 2019>
1. Facts of recognition;
A. Defendant B completed the registration of ownership transfer on August 12, 2009 with respect to the Michuhol-gu Incheon apartment No. 6 apartment (hereinafter “instant apartment”).
B. On October 6, 2009, Defendant B, a buyer of Defendant B, concluded a lease contract with the term of October 5, 2010, which is the lease deposit amount of KRW 60,000,000, and the term of lease for the instant apartment as of October 6, 2009 (hereinafter “instant lease contract”).
C. After entering into the instant lease agreement, G, upon the Plaintiff’s request on October 7, 2009, sent a copy of the certificate of personal seal impression and the resident registration certificate of Defendant B, which was issued by Defendant B himself. In addition, Defendant B signed a written statement of October 6, 2009, stating, “I, in the event of an auction or non-existence of the lease period, promise that I would return the amount of the deposit money to the Plaintiff without any reasons for return of the deposit money KRW 60 million (60,000,000) to the Plaintiff.”
Defendant C and D prepared a written statement of October 9, 2009, stating that “In the event of a problem due to auction or non-string days of Incheon-gu E apartment F, Nam-gu, the following two persons shall pay to the Plaintiff for the deposit money of KRW 60,000 (60,000).”
E. Meanwhile, on June 19, 2018, upon the application of the HH association, which is the right to collateral security, rendered a voluntary decision on the commencement of auction on the instant apartment on June 19, 2018. The Plaintiff received a demand for distribution of the claim for return of lease deposit under the instant lease agreement, but only 20,000,000 won in the said auction procedure.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, witness G testimony, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The plaintiff asserted by the parties is the representative of the defendant B, and the lease deposit is concluded with G, which is the representative of the defendant B.