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(영문) 서울중앙지방법원 2018.11.22 2018가단5048027
임대차보증금
Text

1. The Defendants jointly pay 60,580,000 won to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Indication of the judgment on the claim against Defendant B and D: as shown in the attached Form.

applicable provisions of Acts: Article 208(3)3 of the Civil Procedure Act (Judgment by public notice)

2. As to the claim against the defendant C, the facts constituting the ground for the claim in the attached Form can be acknowledged in full view of the whole purport of the pleading, and there is no other counter-proof.

According to the above facts of recognition, Defendant C, as a joint lessee, has a duty to pay KRW 60,580,000 to the Plaintiff jointly with Defendant B and D.

Defendant C is an owner of 1/4 share of the leased object of this case, and thus, Defendant C is obligated to return KRW 15,145,00,00, the amount equivalent to the share out of the claim amount of this case. However, it is reasonable to view that the Defendants jointly succeeded to the status of the lessor as the heir of E, a lessor who entered into a lease agreement with the Plaintiff on the leased object of this case, and accordingly, the lease deposit should also be jointly returned as a joint lessee. Accordingly, Defendant C’s above assertion on the premise that the obligation to return the lease deposit is a installment obligation is without merit.

3. Thus, the plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition.

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