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1. The Defendants are joint with the Plaintiff’s delivery of No. 201 of the Eunpyeong-gu Seoul J building No. 201.
Reasons
1. Basic facts
A. On January 20, 2014, the Plaintiff leased (hereinafter “instant lease agreement”) No. 201 on the second floor of the Eunpyeong-gu Seoul Metropolitan Government J building (hereinafter “instant real estate”) with K during the period from February 27, 2014 to February 26, 2016 (hereinafter “instant lease agreement”).
B. On November 30, 2015, the Plaintiff revealed to K that there is no intention to renew the instant lease agreement, and sent a certificate demanding the return of the deposit upon the expiration of the instant lease agreement term.
C. K (hereinafter “the deceased”) died on April 2, 2016, and the Defendants are the inheritors of the deceased.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings
2. Determination
A. The Plaintiff paid a deposit of KRW 80 million to the Deceased pursuant to the instant lease agreement, and the fact that the instant lease agreement terminated upon the expiration of the period is as seen earlier. As such, the Defendants, the inheritor of the Deceased, have the duty to return the lease deposit to the Plaintiff at the same time as the delivery of the instant real estate from the Plaintiff.
B. Meanwhile, in a case where co-owners of a building jointly lease a building and receive a security deposit, such lease does not lend their own shares, and it jointly leases the leased object as multiple parties, and the obligation to return the security deposit constitutes an indivisible obligation by nature (see Supreme Court Decision 98Da43137, Dec. 8, 1998). The Defendants, as co-inheritors of the deceased, succeeded to the status of the deceased under the instant lease agreement, are co-inheritors of the instant real estate, and thus, the Defendants’ obligation to return the security deposit in its nature constitutes an indivisible obligation.
C. Therefore, the Defendants jointly have the duty to pay the Plaintiff KRW 80,000,00 to the Plaintiff at the same time, along with the delivery of the instant real estate from the Plaintiff.
3. Conclusion.