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(영문) 서울서부지방법원 2019.05.31 2018가단240229
보증금반환
Text

1. The Defendants jointly and severally pay KRW 160,000,000 to the Plaintiff, but the Defendant C is from the Plaintiff in Eunpyeong-gu Seoul.

Reasons

1. The Plaintiff leased the house indicated in the order from F on June 6, 2013 as KRW 160,00,00 for the lease deposit, and the lease period from July 26, 2013 to 24 months for the lease and paid all the above deposit, and the F died on May 13, 2014, and the registration of transfer was completed on April 27, 2018 by Defendant B’s 3/7 shares, G, and H due to inheritance at the ratio of 2/7 shares; Defendant C purchased the shares of G and H (total 4/7 shares) and completed the registration of transfer on May 25, 2018 may be recognized by taking into account all the arguments in each of subparagraphs 1 and 2.

2. According to the above facts, the above lease contract was terminated, and the obligation of the co-owner to return the deposit constitutes an indivisible obligation by nature (Supreme Court Decision 98Da43137 delivered on December 8, 1998). The Defendants are jointly and severally liable to pay the Plaintiff the deposit amount of KRW 160,000,000.

3. Meanwhile, since the obligation to return the lease deposit is in the simultaneous performance relationship with the return of the leased object, Defendant C’s defense of simultaneous performance is accepted.

4. The plaintiff's claim against the defendant B is accepted, and the defendant C shall accept the plaintiff's claim on the premise of the transfer of the house of this case and simultaneous performance.

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