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1. The Defendants jointly and severally pay to the Plaintiff KRW 45,000,000.
2. The costs of lawsuit are assessed against the Defendants.
3...
Reasons
1. Basic facts
A. On February 7, 2012, Defendant B filed registration of preservation of ownership with respect to multi-household houses with 14 households above the Gangnam-gu Seoul Metropolitan Government D ground (hereinafter “instant buildings”).
B. On November 6, 2012, the Plaintiff and Defendant B, and approximately 4.5 square meters of the household building adjacent to the underground parking lot of the instant building, and hereinafter referred to as “the instant lease agreement” stipulated as the lease agreement between November 6, 2012 and November 6, 2013 and the lease agreement between November 6, 2012 and November 6, 2013.
(C) The Plaintiff concluded the instant lease agreement. From November 6, 2012 to March 8, 2013, the Plaintiff transferred the deposit amount of KRW 45 million to the Defendant Company Bank Account (Account Number E) from November 6, 2012 to March 8, 2013.
2. The plaintiff's assertion
A. 1) On the registry of the instant building against Defendant B, the owner of the instant building is Defendant C, but the actual owner is the husband of the instant building. Defendant B, even though he was well aware of the fact that Defendant C entered into the instant lease agreement with Defendant B as the lessor, was granted a seal, etc., and thus, it is thus acceptable. Thus, Defendant B, as the lessor under the instant lease agreement, bears the obligation to refund the rental deposit to the Plaintiff, even if not, as the lessor under the instant lease agreement, was jointly owned and leased the instant building with Defendant C. Thus, the joint lessee under the instant lease agreement bears the obligation to refund
3) As the instant lease agreement constitutes a juristic act due to a daily home life, Defendant B is jointly and severally liable to the Plaintiff pursuant to Article 832 of the Civil Act. (B) Defendant C, who is the actual owner of the instant building or the co-owner of the 1/2 share of the instant building, entered into the instant lease agreement with the Plaintiff as a lessor, but the registered name of the instant building was the Defendant.