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1. The Plaintiff:
A. Defendant C: 60,000,000 won;
B. Defendant D, Defendant F, and Defendant E jointly with Defendant C.
Reasons
1. Facts of recognition;
A. On July 28, 2017, the Plaintiff entered into a lease agreement between the deceased G (hereinafter “the deceased”) and Defendant C with respect to the real estate listed in the attached Form (hereinafter “instant real estate”) with a lease deposit of KRW 60 million, and the lease term from July 28, 2017 to July 27, 2020 (hereinafter “instant lease agreement”).
B. The Plaintiff and Defendant C had to pay KRW 60 million to the Plaintiff, instead of paying the Plaintiff’s lease deposit. The Plaintiff resided in the instant real estate.
C. The Deceased died on January 19, 2019, and his heir is Defendant D, Defendant F, and Defendant E.
When the voluntary auction on the instant real estate started on August 14, 2019, the Plaintiff notified the Defendants of the termination of the instant lease agreement.
E. Meanwhile, on July 8, 2019, Defendant D, Defendant F, and Defendant E were tried to accept a qualified acceptance report under the Daejeon Family District Court Decision 2019Mo187 Decided July 8, 2019.
[Ground of recognition] Facts without dispute, Gap 1 to Gap 4, Eul 1 and Eul 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. Claim 1) Claim against Defendant C: Decision based on a constructive confession of KRW 60 million upon termination of the instant lease agreement: Articles 208(3)2 and 150(3) of the Civil Procedure Act
B. The obligation to return the lease deposit of Defendant C and the deceased, a joint lessor who is a joint lessor against the remaining Defendants, is indivisible (see, e.g., Supreme Court Decision 67Da328, Apr. 25, 1967). In a case where the lessor died before the lease contract is terminated, co-inheritors jointly succeed to the lessor’s status under the lease contract. The lessee is under the existence of the lease agreement, such as the duty to have the lessee maintain the status necessary for allowing the lessee to use and benefit from the leased object.