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1. The Defendants shall pay to each Plaintiff KRW 150,000,000.
2. The plaintiff's remaining claims against the defendants.
Reasons
1. Basic facts
A. The Defendants are co-owners of the building H above the fifth floor of the building in Seocheon-gu, Seocheon-gu, and jointly engaged in a service business, such as trading and decination, in the name of “I” from January 30, 202 to January 30, 200, and the Plaintiff is a person who operates the drums and beauty shop (hereinafter “instant shop”).
B. On June 11, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant store with J on behalf of the Defendants, with the period from June 11, 201 to June 18, 2011, setting the lease deposit of KRW 150,000,000, and the period from June 18, 201 to June 18, 2014. The lessor’s column of the instant lease agreement stated “B and five persons,” and the seal affixed to “K” is affixed thereon.
C. On June 11, 2012, the Plaintiff wired the down payment of KRW 15,000,000 to L’s account, the former lessee of the instant store, and, on June 18, 2012, remitted the remainder amount of KRW 135,000,000 to the account in the name of K management bodyB.
【Ground of Recognition】 Defendant F: The fact that there is no dispute against the remaining Defendants under Article 150 (Voluntary Confession) of the Civil Procedure Act, the entries in the evidence Nos. 2 through 4, and the purport of the whole pleadings
2. Determination
A. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was terminated on June 18, 2014 at the expiration of the period.
Therefore, in case where co-owners of each party's building jointly lease a building and receive a security deposit, barring any special circumstance, such lease does not lease each party's own shares, but jointly lease the object of lease as a number of parties, and the obligation to return the security deposit shall be deemed as an indivisible obligation in its nature.
(See Supreme Court Decision 98Da43137 delivered on December 8, 1998, etc.). The Plaintiff is obligated to pay KRW 150,000,000 to the Plaintiff.
The plaintiff shall serve a copy of the complaint of this case on the above lease deposit.