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1. The Defendants jointly share KRW 50,000,000 to the Plaintiff and Defendant A with respect thereto from July 3, 2015, and Defendant B from July 2015.
Reasons
1. Basic facts
A. On May 21, 2013, the Plaintiff entered into a lease agreement with the Defendants (the Defendant B was represented by Defendant A, his/her child) during the period from June 1, 2013 to May 31, 2014 (hereinafter “instant lease agreement”) with respect to lease deposit amounting to KRW 50 million, KRW 142.44 square meters (hereinafter “instant building”) among the 5th floor buildings in Gwangjin-gu, Seoul Special Metropolitan City (Road Name, Gwangjin-gu, Seoul), where Defendant B owned the 1/3 share, and Defendant B’s 2/3 share, and paid the full amount of the lease deposit at that time.
B. On July 8, 2014, the Plaintiff and the Defendants agreed to continue to exist until May 31, 2015 under the said lease agreement, and both parties confirmed that the said lease was capable of drinking water, and the lessor entered into a special agreement with the lessor to return the deposit within two months upon the lessee’s request for termination of the contract.
C. On August 6, 2014, Defendant A requested the delivery of the instant building by August 31, 2014, in which the deposit for lease was returned after telephone call from the Plaintiff and the vehicle parking problems. The Plaintiff consented thereto.
On August 15, 2014, the Plaintiff leased 402 of Dongdaemun-gu Seoul building E-building No. 402, and on August 31, 2014, the Plaintiff moved out of the instant building and owned the keys and moved out to the said 402 leased.
E. On June 1, 2015, the Defendants opened a digital key and entered the instant building with the password known by the Plaintiff around January 1, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2, 3, 8, 15, 16, 24 (including virtual numbers) and the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the judgment as to the cause of the claim, the instant lease agreement was terminated on August 31, 2014 upon the Plaintiff’s consent to the notice of termination on August 6, 2014. Thus, barring any special circumstance, the Defendants jointly share the Plaintiff with the deposit amount of KRW 50 million and this.