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1. The Defendants are jointly and severally liable to receive real estate stated in the separate sheet from the Plaintiff at the same time.
Reasons
1. Facts of recognition;
A. On November 4, 2015, Defendant B entered into a lease agreement between the Plaintiff and the Plaintiff to lease the real estate listed in the separate sheet owned by Defendant B (hereinafter “instant apartment”) with the deposit deposit amounting to KRW 400 million and the contract period from December 10, 2015 to December 10, 2017 (hereinafter “instant lease agreement”).
B. At the time of the conclusion of the above lease agreement, the NongHyup Bank established the maximum debt amount of 375,600,000 won with respect to the apartment of this case, and the obligor B’s right to collateral security (hereinafter “the instant right to collateral security”). However, if the Plaintiff fully pays the security deposit to the Defendant B due to the special terms and conditions, the Defendant B immediately determined to repay all the secured debt of the instant right to collateral security and cancel the right to collateral security.
C. On December 17, 2015, after the conclusion of the instant lease agreement, the Defendants drafted a written statement stating that “The security deposit for the instant lease agreement shall be KRW 420 million, and Defendant B shall repay all the security obligations for the instant lease deposit received from the Plaintiff with the security deposit, and cancel the right to collateral. If Defendant B uses the said security deposit for any other purpose, he/she shall be liable for civil and criminal liability against the Plaintiff. Upon the expiration of the instant lease agreement, he/she shall return the security deposit to the Plaintiff, and Defendant C and D shall jointly and severally guarantee all the obligations under the instant lease agreement.”
On December 10, 2015, the Plaintiff paid KRW 420 million to Defendant B, but Defendant B did not cancel the instant right to collateral security until now.
[Ground for recognition] Defendant B and D: The fact that there is no dispute, each entry of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings, as a whole, that the confession is made (Article 150(3) of the Civil Procedure Act)
2. The above-mentioned facts of recognition and the purport of the entire pleadings as to the cause of the claim.