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(영문) 대전지방법원논산지원 2020.06.25 2019가단1704
임대차보증금
Text

1. Defendant B and C shall jointly pay to the Plaintiff KRW 90,000,000 and the interest thereon from October 29, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Defendants are co-owners of each of the 1/3 shares of E, E, F, 330 square meters, 330 square meters, and 1/30 square meters on the above-mentioned land (hereinafter “instant building”).

B. On October 27, 2016, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 90,000,000 and the term of lease from November 14, 2016 to November 13, 2018 with respect to the third floor detached house of KRW 172.52 square meters (hereinafter “instant third floor”).

C. On October 27, 2016, the Plaintiff paid the down payment on the date of the contract, and on November 14, 2016, paid all remainder, and resided in the third floor of this case.

On September 25, 2018, the Plaintiff notified the Plaintiff of his/her intention not to extend the term of lease from September 25, 2018, which was two months before the expiration of the term of lease, to return the deposit immediately after the expiration of the term.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Determination as to claims against Defendant B and C

(a) Judgment deemed as a confession by Defendant B: Articles 208(3)2 and 150(3) of the Civil Procedure Act

B. Judgment by Defendant C by public notice: Article 208(3)3 of the Civil Procedure Act [if a co-owner of a building jointly leases the building and receives a security deposit, such lease does not lend his/her own shares, barring any special circumstance, and jointly leases the leased object as a large number of parties, and the obligation to refund the security deposit falls under an indivisible obligation in its nature (see Supreme Court Decision 98Da43137, Dec. 8, 1998)];

3. Determination as to the claim against Defendant D

A. The Plaintiff asserted by the parties, since the Plaintiff concluded the instant lease agreement with the Defendants, who are co-ownership holders of the third floor of this case, the Defendants are obligated to refund the lease deposit, and further, the instant lease agreement is concluded by the agent under the condition of comprehensive delegation to the Nonparty G, who is the agent designated by Defendant B.

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