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1. Of the part concerning the counterclaim in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that constitutes the following amount ordering payment.
Reasons
1. The court of first instance partly accepted the plaintiff's principal claim and the defendant's counterclaim, and only the defendant appealed to the part that the security deposit was 20 million won among the part that dismissed the counterclaim. Thus, the judgment of this court is limited to the above part among the defendant's counterclaims.
2. The gist of the Defendant’s assertion is that the instant building under L and M with respect to the buildings listed in the separate sheet (hereinafter “the instant building”) prior to the death of the network D (hereinafter “the network”). Since the parts used by each lessee are not specified as the number of houses, etc. on the records of the instant case, the Plaintiff only write down an expression that the lease contract was concluded with each lessee.
B. B signed a lease deposit with a total of KRW 18 million, and entered into a lease contract with N andO after the deceased’s death and received a total of KRW 2 million lease deposit.
As above, the Plaintiff received the total amount of KRW 20 million from each lessee without any authority and did not return it. Thus, the Defendant sought the return of the lease deposit against the Plaintiff.
3. Determination
A. The fact that the Plaintiff entered into a lease agreement with L and M on behalf of the Deceased before the Deceased’s birth does not conflict between the parties.
However, the plaintiff asserted to the effect that the lease contract was entered into in the status of the representative of the deceased, and that there was no obligation to return the lease deposit from the above tenant. Thus, according to the evidence No. 14, it is recognized that each of the above lessees was designated as the "The Held Association J" as the account for payment of the deposit and rent on the lease contract prepared at the time of the conclusion of the above lease contract.