beta
Text
1. The Defendants jointly pay KRW 135,000,000 to the Plaintiff.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. On October 6, 2014, the Plaintiff entered into a contract with the Defendants to establish a lease on a deposit basis for lease on a deposit basis for an apartment (hereinafter “the instant apartment”) from November 6, 2014 to November 6, 2016, and completed the registration of the establishment of the lease on a deposit basis for lease on a deposit basis (hereinafter “the instant lease on a deposit basis”) with the Defendants, and paid the Defendants KRW 135,000,000,000 for lease on a deposit basis, from November 6, 2014 to November 6, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. According to the above facts of recognition, the right to lease on a deposit basis of this case was extinguished on November 6, 2016 due to the expiration of its duration. Thus, the Defendants jointly have the obligation to jointly return KRW 135,000,000 to the Plaintiff.
Furthermore, the Plaintiff also sought for the payment of damages for delay on the deposit basis. However, if the right to lease on a deposit basis is extinguished, the obligation of the person having chonsegwon to cancel the registration of the right to lease on a deposit basis and the obligation to return the deposit money from the settlor of chonsegwon concurrently performs his/her obligation to cancel the registration of the right to lease on a deposit basis (Article 317 of the Civil Act). Thus, unless the person having chonsegwon fails to perform or provide performance for the obligation to cancel the registration of the right to lease on a deposit basis, the settlor of chonsegwon shall not be held liable for delay in performing the obligation to return the deposit money. However, the Plaintiff
3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and it is dismissed as the remaining claim is without merit. It is so decided as per Disposition.