임대차보증금반환
1. The Defendants jointly share the delivery of the Guro-si D Apartment and E from the Plaintiff and jointly share the same with the Plaintiff. < Amended by Act No. 635, Oct. 1, 2000>
1. Facts of recognition;
A. On August 19, 2016, the Plaintiff concluded a lease agreement with the Defendants on the lease deposit amounting to KRW 280,000,000,000 for the lease deposit and from November 4, 2016 to November 4, 2018 (hereinafter “instant lease agreement”).
The contents of Article 6 of the instant lease agreement and the special agreement stipulated in paragraph (3) are as follows.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
【Matters of the special agreement (hereinafter referred to as the “instant special agreement”)
[Attachment]
3. On the date of the contract, the “30 million won” stated in the lease agreement of this case in the F.S., the maximum debt amount of which is KRW 338 million (260 million) or in the event that the remainder is paid, appears to be a clerical error in the “30 million won” in the “30 million won of the principal. The conditions established and registered for reduction (which are the conditions performed without any defect, and are the conditions for the payment of penalty for breach of contract: the bank may convert the remainder when it pays the remainder).
According to the instant lease agreement, the Plaintiff paid the Defendants the remainder KRW 28 million out of the lease deposit to the Defendants on August 19, 2016, and the remainder KRW 252 million on November 4, 2016, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the 1st determination on the claim for the return of lease deposit, the instant lease agreement terminated on November 4, 2018 with the expiration of the period, and the obligation for the return of lease deposit by a joint lessor is indivisible in the nature of the obligation, and thus, is a joint lessor.