1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

1. Basic facts - On February 29, 2016, C set the lease deposit amount of approximately 43 square meters in south of the building E located in the Gu-U.S., Si-si (hereinafter “instant real estate”) at KRW 30 million, monthly rent of KRW 200,000,000, monthly rent of KRW 200,000, and the lease term from April 20, 2016 to April 19, 2018, respectively, to the Plaintiff.

- Around July 2016, Defendant and F completed the registration of ownership transfer based on sale and purchase as to each one-half shares of the instant real estate.

- Around July 23, 2016, the Defendant, F, and the Plaintiff drafted a lease agreement on the instant real estate, and the lease deposit, monthly rent, and the lease term are the same as the original lease agreement.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 13 evidence, purport of the whole pleadings

2. The assertion and judgment

A. As the above lease on the ground of the claim expires on April 19, 2018, the Defendant and F must return the lease deposit to the Plaintiff.

Where a public health unit or co-owner of a building jointly leases a building and receives a security deposit with regard to the scope of liability for return, such lease shall not be leased, unless there are special circumstances, but jointly leased the object of lease as a large number of parties, and the obligation to return the security deposit shall be deemed to fall under an indivisible obligation due to its nature.

(See Supreme Court Decisions 98Da43137 Decided December 8, 1998, and 2017Da205073 Decided May 30, 2017, etc.). Therefore, the Defendant is obligated to pay to the Plaintiff (F together) delay damages at the rate of 15% per annum, which is the day following the delivery date of the copy of the instant complaint, as sought by the Plaintiff, from November 2, 2018 to the day of full payment, pursuant to the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from November 2, 2018 to the day of full payment.

B. The summary of the Defendant’s assertion (1) is that the Plaintiff left the instant real estate and did not fulfill his duty to restore it.