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1. The Defendants jointly pay to the Plaintiff KRW 670,000,000 and the interest rate thereon from March 2, 2019 to the date of full payment.
Reasons
1. Facts of recognition;
A. On July 22, 2016, the Plaintiff (Lessee) concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendants on the terms that the Defendants jointly owned (i.e., KRW 670,00,000, and the term of lease from October 14, 2016 to October 13, 2018, with respect to the second-class D detached housing (hereinafter “instant real estate”) on the ground that the Defendants jointly owned (i.e., each 1/2 co-ownership).
(A) Evidence 2. (b)
Under the instant lease agreement, the Plaintiff paid the Defendants KRW 670,00,000 (Evidence A4), and around October 14, 2016, the Plaintiff was handed over and resided in the instant real estate.
(A) Evidence No. 8) (c)
From June 2018, the Plaintiff expressed to the Defendants the intent that “I have no intention to renew the instant lease contract, and if the lease term of this case expires, I shall request the return of the lease deposit.”
The instant lease agreement terminated due to the expiration of the lease term on October 13, 2018, and the Defendants did not refund the lease deposit until now despite the Plaintiff’s request for the return of the lease deposit.
E. On March 1, 2019, the Plaintiff transferred the instant real estate to a person who manages the instant real estate upon delegation by the Defendants, and moved to another address.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 12, the purport of the whole pleadings
2. Determination as to the cause of action
A. The fact that the lease relationship of this case is terminated upon the expiration of the lease term on October 13, 2018 is as seen earlier. Meanwhile, in cases where co-owners of a building jointly lease a building and receive a security deposit, such lease does not lease their own shares, unless there are special circumstances, but jointly lease the object of the lease as multiple parties, and the obligation to refund the security deposit is an indivisible obligation.