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1. The Plaintiff:
(a) Defendant D is KRW 150 million,
B. Defendant B and C shall be from the network E (F) jointly with Defendant D.
Reasons
1. Facts of recognition;
A. On August 12, 2016, the Plaintiff entered into a lease agreement between the network E (hereinafter referred to as “the deceased”) and Defendant D with respect to the G apartment H (hereinafter “instant real estate”) in Yongsan-gu, Yongsan-gu, Busan-gu, Seoul-si, with a deposit of KRW 150 million, and the lease term from September 26, 2016 to September 24, 2018 (hereinafter “instant lease agreement”).
B. The Plaintiff paid KRW 150 million as lease deposit, and began to reside in the instant real estate from September 26, 2016.
C. The Deceased died on August 5, 2018, and his heir is the Defendants.
On August 17, 2018, the Plaintiff notified Defendant D of his intention not to extend the instant lease agreement by content-certified mail and requested the return of the lease deposit.
E. On October 10, 2018, the Defendants were tried to accept a declaration of qualified acceptance by the Busan Family Court under the control of 2018 Down-Ma201082.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. In a case where a lessor died before the termination of a lease agreement, co-inheritors jointly succeed to the status of a lessor under a lease agreement. The status as a lessor during the existence of a lease agreement, such as a lessee’s duty to have the lessee use and benefit from the leased object, is indivisible in its nature, and it is reasonable to deem that the status as a lessor is indivisible in view of its nature, and the same legal relationship as the case where several co-inheritors exist. Therefore, the obligation to return the lease deposit constitutes an indivisible obligation in its nature.
(See Supreme Court Decision 98Da43137 delivered on December 8, 1998). Examining the above facts in light of the above legal principles, Defendant B, and C succeeded to the status of the deceased, a lessor under the instant lease agreement, as the inheritor of the deceased, within the scope of the property inherited from the deceased.