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1. The Defendants jointly and severally pay to the Plaintiff KRW 70,000,000.
2. The costs of lawsuit are assessed against the Defendants.
3...
Reasons
1. Facts of recognition;
A. On July 29, 2015, the Defendants and E, F, G, and H owned the instant building located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant building”). On July 29, 2015, the Defendants concluded a lease agreement between the Plaintiff and the Plaintiff on the lease term of KRW 202, the lease term of KRW 24 months from July 29, 2015, and the lease deposit amount of KRW 70,000 (hereinafter “instant lease agreement”).
B. At that time, the Plaintiff paid KRW 70,000,000 to the Defendants, and then received KRW 202 of the instant building. The Defendants performed the duty to return the deposit to the former lessee with the said deposit.
C. On May 2017, the Plaintiff expressed to the Defendants a wish not to renew the instant lease agreement.
[Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, purport of the whole pleadings
2. According to the facts of the above recognition, the instant lease was terminated on July 29, 2017 due to the expiration of the period of validity.
Therefore, the defendants are jointly and severally liable to return 70,000,000 won to the plaintiff.
As to this, Defendant B asserted that the lease deposit does not have the duty to return because it did not have signed, but since Defendant B did not have the duty to return the lease deposit. However, as long as Defendant B’s Unmanned is duly formed, the lease contract (Evidence A 1) of this case is presumed to have been duly formed. Thus, the evidence submitted by Defendant B alone is insufficient to recognize that the above presumption was reversed. Thus, Defendant B’s above assertion is rejected.
In addition, Defendant B argues to the effect that the obligation to return the lease deposit is a separate obligation, and it is only obligated to pay the amount equivalent to Defendant B’s share. However, in the event that co-owners of a building jointly lease the building and receive the lease deposit, the lease is individually co-ownership, barring any special circumstance.