(영문) 울산지방법원 2020.12.02 2019가단117322

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(영문) 울산지방법원 2020.12.02 2019가단117322

기타(금전)

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The Defendants jointly share KRW 100,000,000 with respect to the Plaintiff and the period from October 3, 2019 to December 2, 2020.

Reasons

1. Basic facts

A. On January 7, 2016, the Plaintiff entered into a lease agreement with Defendant C to lease a house listed in the separate sheet (hereinafter “instant house”) in the name of Defendant C under a title trust with Defendant CD (hereinafter “instant house”) from January 7, 2016 to October 11, 2019 (hereinafter “instant lease agreement”), and around that time, paid a deposit amount of KRW 100 million to Defendant C, and used the instant house for residential purposes after being transferred.

B. D’s death on August 19, 2018 and the registration of ownership transfer was completed in the name of E, which is the inheritor of D, due to inheritance, and Defendant C entered into a title trust agreement with Defendant B on December 25, 2018 with respect to the instant housing, and completed the registration of ownership transfer in the name of Defendant B on February 22, 2019.

C. After that, the Plaintiff demanded Defendant C to return the lease deposit on the grounds of the termination of the instant lease agreement, and the Defendant C promised on May 1, 2019 to return the lease deposit to the Plaintiff by May 31, 2019 (hereinafter “each of the instant agreements”).

On August 2019, the Plaintiff was a director in the instant house, and Defendant C entered the instant house after the typhoon was unfurled on October 2, 2019, which was after the delivery of a copy of the instant complaint, and photographed the instant house.

【Non-contentious facts, Gap 1, 2, 5 (including the above number), Eul 2, 3, 5, and 6 (including the above number), the purport of the whole pleadings.

2. Summary of the parties' arguments;

A. The Defendants jointly have the duty to jointly pay to the Plaintiff the lease deposit KRW 100 million upon the termination of the instant lease agreement and the lease deposit KRW 100 million upon the delivery of the instant house, and damages for delay following the delivery of the copy of the instant complaint.

B. As to the instant housing from Defendant C, Defendants 1 and 2

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