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1. As to the Plaintiff, Defendant B’s KRW 55,073,975 and KRW 73,975 among them, Defendant C and D respectively are 27,536,987 and their importance.
Reasons
1. Basic facts
A. On February 3, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the network E to lease the F apartment and G (hereinafter “instant real estate”) of the Nam-gu Incheon Metropolitan City (hereinafter “instant real estate”) by setting the deposit of KRW 110 million and the period from April 19, 2016 to April 18, 2018.
B. On March 2, 2018, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease agreement, and did not return the keys to the Defendants or notify the password to the Defendants on the ground that he/she was removed from the instant real estate on May 2, 2018, but did not receive the current deposit.
C. From April 19, 2016 to May 8, 2018, the Plaintiff paid a total of KRW 147,950 as the long-term repair appropriations.
E Dec. 3, 2016, died on June 3, 2016, and his heir has been Defendant B, a grandchild, and C and D.
【A without any dispute, entry in Gap’s evidence Nos. 1 through 14, 17, 20, and 23, the purport of the whole pleadings】
2. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was terminated at the expiration of the term, the Defendants, the heir of the lessor E, are obligated to return the lease deposit amount of KRW 110 million to the Plaintiff according to their respective shares of inheritance (Defendant B B 1/2, Defendant C, and D 1/4).
The plaintiff also sought damages for delay for the lease deposit, but since the return of the lease deposit is simultaneously performed with the delivery of the leased object, it cannot be deemed that the repayment of the lease deposit was delayed while the plaintiff did not transfer possession of the real estate in this case to the defendant, and thus, the claim for damages for delay shall not be accepted.
On the other hand, the long-term repair appropriations are to be returned to the lessee when the lease contract is terminated by the lessee's payment on behalf of the lessor. Therefore, the Defendants are individually liable to return the total amount of long-term repair appropriations paid by the Plaintiff and delay damages.