임대차보증금반환
1. The Defendants jointly share KRW 32,500,000 with respect to the Plaintiff and the period from April 13, 2017 to June 13, 2017.
1. Basic facts
A. On March 28, 2014, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter the Defendant Company) on KRW 65 million with respect to the lease deposit for the E-building 301 (hereinafter the instant real estate) located in Chungcheongnam-gun, Chungcheongnam-do, and two parcels, in which the Defendants shared one-half shares, and KRW 65 million with respect to the lease deposit, and from April 11, 2014 to April 10, 2016 (hereinafter the instant lease agreement). The Plaintiff was handed over the instant apartment after transferring the full amount of the lease deposit to the account in the name of the Defendant Company as designated by the Defendant Company.
B. The Plaintiff notified the Defendant Company of his intention not to renew the instant lease agreement three months prior to the expiration of the instant lease term, and the Defendant Company remitted KRW 32.5 million out of the said lease deposit to the Plaintiff on April 15, 2016.
C. On April 12, 2017, the Plaintiff transferred the instant real estate to the Defendant Company in the instant lawsuit.
[Reasons for Recognition] Facts without dispute Gap evidence Nos. 1 through 3 (including branch numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff asserted that the Plaintiff delivered the real estate upon the termination of the instant lease agreement, the Defendants, co-owners of the instant real estate, are jointly obligated to pay the remainder of the lease deposit amount of KRW 32.5 million to the Plaintiff and damages for delay.
B. Defendant Company’s assertion 1) At the time of entering into the instant lease agreement, the Defendants owned 1/2 shares of each of the instant building, and thus, the Defendants are liable for the repayment of the lease deposit in proportion to their shares. The Defendant Company already returned the Plaintiff the lease deposit amount of KRW 32.5 million, and thus, the Plaintiff’s claim against the Defendant Company is unreasonable. 2) The Daejeon District Court 2016 money103847, Defendant Company’s assertion against Defendant C.