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(영문) 서울남부지방법원 2017.06.15 2016가합109988
임대차보증금
Text

1. The Defendants jointly delivered real estate stated in the separate sheet from the Plaintiff to the Plaintiff at the same time, 370.

Reasons

On July 20, 2014, the Plaintiff entered into a lease agreement with the deceased F (hereinafter “the deceased”) on the lease deposit amount of KRW 370,000,00, and the lease term of KRW 2 years from September 18, 2014 to September 17, 2016 (hereinafter “instant lease agreement”) and paid the down payment of KRW 37 million.

The Plaintiff received the instant real estate on September 18, 2014 in accordance with the said lease agreement and paid the remainder of the lease deposit, and received a fixed date after completing the move-in report on September 19, 2014, following the date of the move-in report.

The deceased died on January 24, 2016, and the Defendants, who were the offspring of the deceased, succeeded to the deceased by law.

(A) Defendant E, Defendant B, C, and D sent a content-certified mail to the Defendant, around July 19, 2016, to the effect that the term of lease expires due to the expiration of the term of lease of this case.

[Reasons for Recognition] The Plaintiff paid a lease deposit to the Deceased in accordance with the instant lease agreement and the fact that the instant lease agreement terminated on September 17, 2016 was terminated as of September 17, 2016, as seen earlier.

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, but jointly lease the leased object as multiple parties, and the obligation to return the security deposit falls under an indivisible obligation by nature (see Supreme Court Decision 98Da43137, Dec. 8, 1998). The Defendants jointly succeed to the status of a lessor under the instant lease agreement as the deceased’s heir, and thus, the Defendants, co-inheritors, as co-inheritors.

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