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(영문) 인천지방법원부천지원 2016.06.29 2016가단7786
임대차보증금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 95,00,000 and the interest rate of KRW 15% per annum from May 4, 2016 to the date of full payment.

Reasons

1. The Plaintiff asserts that the Defendants, as a joint lessor, are obligated to pay KRW 95 million to the Plaintiff, a lessee.

Defendant A is a co-owner of the leased real estate, but it was leased at will by Defendant A, the husband of Defendant B, who was the husband of the other co-owner, without consent to the lease or consent to the lease, and thus Defendant A does not have any obligation to return the lease deposit to the Plaintiff.

2. Determination

A. Comprehensively taking account of the purport of each of the statements in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 through 3 (including above numbers; hereinafter the same shall apply), the defendants completed the registration of ownership transfer as co-owners who own 1/2 shares of the newly constructed residential building (Yecheon-gu D) on June 24, 2013. The defendants delegated the defendant Eul's husband's right to manage and dispose of the above residential building. C on August 15, 2013, on behalf of the defendants, leased three households (304, 402, 503; hereinafter the "each of the houses of this case") among the above residential buildings, and the plaintiff did not receive a deposit for lease KRW 95 million from around September 30, 2013 (304,004,000,000,000 won and KRW 3035,50,000,000,000 won each of the houses of this case.

B. According to the above facts, the Defendants are jointly and severally liable to return to the Plaintiff the total amount of KRW 95 million of the lease deposit of each of the instant housing as a joint lessor.

Since Defendant A did not receive or use the lease deposit, it is obliged to return the deposit.

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