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Reasons
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(영문) 서울남부지방법원 2017.11.16 2016가단265416
임대차보증금
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1. The Defendants are jointly and severally liable.

A. The plaintiff A is entitled to KRW 20,000,000, and KRW 5,000,000 for each of them.

Reasons

1. Basic facts

A. From September 2006, Defendant E owned a building of H of the Guro-gu Seoul Metropolitan Government Garo 2 (hereinafter “the instant building”) and leased part of each of the buildings to Plaintiff A, C, and D from September 2006, and each of the lease terms is as follows.

1) From April 30, 201 to April 24, 2016, Plaintiff A3, Female Empos (masts) KRW 20,000,000, to a lessee’s lease contract period of the object of lease, Plaintiff C’s 5,000,000 won and KRW 24 months from October 23, 2015 to December 3, 2015, Plaintiff C 5,000,000 won and KRW 12 months from November 19, 2015

B. Around July 13, 2016, Defendant F entered into a sales contract to purchase the instant letter or building from Defendant E, and around August 24, 2016, Defendant F completed the ownership transfer registration of the said building.

C. Around that time, Defendant F leased the instant private letter or building to others on the opportunity for private friendship and business suspension, and thus, the lessor’s obligation under the lease agreement between Plaintiff A, C, and D was no longer impossible. The said Plaintiffs’ lease agreement was revoked.

Around August 12, 2016, Defendant F entered into an agreement with Defendant E to accept the obligation to return the lease deposit to the lessee of Defendant E, and the Defendants agreed on September 29, 2016 to jointly and severally perform the duty to return the lease deposit to the lessee, including Plaintiff A, C, and D.

E. Meanwhile, even though the plaintiff D has to pay 400,000 won for the leased property, the above management fee is overdue due to the failure to pay it.

[Ground of recognition] Unsatisfy, entry of Eul evidence No. 1, the whole purport of pleading

2. According to the above facts, the Defendants jointly and severally refund the lease deposit amount of KRW 20,000,000 to Plaintiff A, and KRW 5,000,000 to Plaintiff C, and each of them.

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