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(영문) 수원지방법원 안양지원 2018.05.09 2017가단11689

임대보증금반환

Text

1. The Defendants jointly share KRW 50,000,000 to the Plaintiff and Defendant B with respect thereto from November 30, 2017, and Defendant C.

Reasons

1. Determination as to the cause of claim

A. 1) On September 10, 2015, the Plaintiff and the Defendants shared 1/2 shares of each of the Defendants with the Defendants on September 10, 2015, Seoul Mapo-gu D Building and 101 (hereinafter “instant housing”).

) The lease deposit amount of KRW 100,000,000 (a contract deposit of KRW 10,000,000 shall be paid at the time of a contract, any balance of KRW 90,000,000 shall be paid on October 15, 2015) and the term of the lease shall be 24 months from October 15, 2015 to October 14, 2017 (hereinafter “instant lease”).

(2) On September 10, 2015 and November 11, 2015, the Plaintiff paid KRW 10,000,000 in total, and KRW 90,000,00 in total, on October 15, 2015, respectively, for the remaining reasons, to Defendant B, as down payment, and thereafter occupied and used the instant housing after delivery at that time.

3) On October 14, 2017, the Plaintiff terminated the instant lease agreement and returned the instant housing to the Defendants. Around that time, the Plaintiff received a return of KRW 50,000,000 from Defendant B of the lease deposit [based on recognition]. There is no dispute, and Party A’s evidence Nos. 1 through 3 (including the land number, and the purport of the entire pleadings, as well as the purport of the whole pleadings.

B. Where co-owners of a building jointly lease a building and receive a deposit for lease, barring any special circumstance, such lease does not lend their own shares, but jointly lease the leased object as multiple parties, and the obligation to refund the deposit constitutes an indivisible obligation due to its nature.

(2) According to the reasoning of the lower judgment, the lower court erred by misapprehending the legal doctrine on the premise that the Plaintiff’s lease agreement was terminated on October 14, 2014, and that the Plaintiff transferred the instant house to the Defendants, and thus, did not err by misapprehending the legal doctrine on the premise that the Plaintiff’s lease agreement was completely terminated on or around December 8, 1998, and that the Plaintiff transferred the instant house to the Defendants. As such, the Defendants, a joint lessor, jointly with the Plaintiff, jointly leased KRW 50,00,000,000, and Defendant B’s delivery of the copy of the instant complaint to the said Defendant.