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(영문) 인천지방법원 2016.06.24 2014가합56979
임대차보증금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) A is recorded in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

1. As to the main claim against Defendant A

A. The plaintiff's assertion that the contract was terminated with the defendants as to the real estate listed in the separate sheet (hereinafter "real estate of this case") in which the defendants shared 1/2 shares of each of them. Thus, the defendant A, as a joint lessor, is obligated to pay the plaintiff the lease deposit amount of KRW 263,126,330, which is an indivisible debt jointly with the defendant B.

B. In a case where co-owners of a building to determine the cause of the claim jointly lease a building and receive a security deposit, such lease does not lease each co-owned share, except in extenuating circumstances, and jointly lease the leased object as a large number of parties, and the obligation to return the security deposit falls under an indivisible obligation by nature.

According to the overall purport of the statements and arguments stated in Gap evidence Nos. 1 and 2 (including paper numbers) and the whole purport of the pleadings, 1. The lease contract of this case was concluded between the defendant A and the non-party C with each of 1/2 shares on September 16, 2007 and the lease deposit amount of KRW 300,000,000 for the real estate of this case (hereinafter "lease deposit of this case"), from September 16, 2007 to September 15, 209 (hereinafter "the lease contract of this case"). The lease contract of this case was concluded between the plaintiff and the non-party A and the non-party C with each of the following facts:

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