임대차보증금반환
1. The Defendants jointly share KRW 38,000,000 with respect thereto to the Plaintiff and the period from August 27, 2014 to November 15, 2014.
1. Basic facts
A. On May 29, 2012, the Plaintiff leased part of the instant leased housing located in the Sinwon-gu Seoul Special Metropolitan City F (hereinafter “instant leased”) from the deceased E (hereinafter “the deceased”) with the lease deposit of KRW 38,00,000, and the lease term of KRW 6 to June 5, 2012, respectively (hereinafter “the instant lease”), and paid the said lease deposit to the deceased.
B. On October 13, 2012, the Deceased died, and he succeeded to the property of the Deceased, and on August 26, 2014, the Plaintiff delivered the leased portion to the Defendants on August 26, 2014, which was after the lease of this case was terminated.
[Grounds for recognition] Unsatisfy, entry of Gap 1 to 3, the purport of the whole pleadings
2. Determination of the parties' arguments
A. The plaintiff alleged by the parties asserts that since the defendants' obligation to return the lease deposit is indivisible, which is the co-inheritors of the deceased, the defendants should jointly return the lease deposit.
As Defendant B and Defendant D received and used the lease deposit by Defendant C and her husband, the above Defendants asserted that they did not have any obligation to return the deposit under the lease of this case, and the Defendants asserted that their obligation to return their lease deposit is a family obligation according to their inheritance shares.
B. In a case where a lessor died before the termination of a lease agreement, co-inheritors jointly succeed to the status of a lessor under the lease agreement. The status of a lessor during the existence of a lease agreement, such as the duty to have the lessee maintain the status necessary for allowing the lessee to use and benefit from the leased object, is indivisible in light of its nature, and it is reasonable to deem that the status of a lessor is equal to the case where several co-inheritors exist. Therefore, the obligation to return the lease deposit should be deemed as an indivisible obligation
The co-inheritors of the lessor shall apply to the claim for return of the object.