임대차보증금
1. The Defendants, at the same time, shall be ordered from the Plaintiff 1 to 102, among the buildings indicated in the attached real estate marking.
1. Basic facts
A. On April 25, 2015, D, E, the joint lessor who entered into a lease agreement, and E leased the instant building to the Plaintiff and F, with a deposit of KRW 70 million, the lease period from May 26, 2015 to May 26, 2017, the monthly rent of KRW 10,000,000, and the management expenses, as KRW 30,000 per month.
B. On October 5, 2016, the Plaintiffs succeeded to the status of a lessor: (a) completed the registration of ownership transfer based on sale on July 7, 2016; and (b) succeeded to the status of a joint lessor D and E as a joint lessor.
C. The lease between the Plaintiff, F and the Defendants was terminated upon the expiration of the contract term.
The Plaintiff and F paid monthly rent, etc. to the Defendants until September 25, 2016.
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including provisional number), the purport of the whole pleadings
2. Summary of both parties' arguments;
A. Under the premise that the obligation to return the deposit for lease on a deposit basis to the joint lessee of the Plaintiff lessor is indivisible, the Defendants perform the obligation to return the deposit to the Plaintiff, such as the entries in the purport of the claim, against the Plaintiff.
B. The Defendants’ deposit amounting to KRW 70 million cannot be returned to one of the joint tenants, inasmuch as it is necessary to return to the joint tenants due to the order and repayment performance of the instant building.
3. The facts established on the judgment on the Plaintiff’s claim are as follows: (a) in addition to the fact that the Civil Act is based on the principle of a split-off claim relationship with respect to the claim relationship between the multiple parties, the Defendants are obliged to return the remaining money calculated by deducting the amount calculated at the rate of KRW 130,000 per month from September 26, 2016 to September 26, 2016 from the order of the Plaintiff to the order of the building of this case.
4. Thus, the plaintiff's claim of this case against the defendants is above.