임대인 지위를 공동으로 상속한 공동임대인들의 임차보증금 반환채무 - 대법원 2024. 8. 1. 선고 2023다318857 판결 -

The subject ruling is that the obligation to return the rental deposit of joint lessors who jointly succeeded to the lessor status by inheritance is an indivisible debt in nature, and when one of the heirs who jointly inherited the lessor status obtains joint exemption through repayment, etc., the other co-heirs. It is significant in that it clearly states that plans can be made according to the statutory inheritance. However, the legal principle of the subject ruling is that if a debt that is divisible, such as a monetary debt, is jointly inherited, it is naturally divided and reverted to the co-heirs according to the statutory inheritance upon the commencement of inheritance, and there is no room for it to be the subject of division of inherited property. , since this does not correspond to the legal principle of existing precedents that applies even to the obligation to return rental deposits related to inherited property, it is believed that the basis for the occurrence of the right to indemnification should be constituted as the scope of repayment of another person's debt. In the case of division in the inherited property division judgment process, if a specific inherited property is the subject of a lease with opposing force, it is desirable to consider the liability to return the rental deposit as an object of division as well, and it is considered to be consistent with the intention of the parties participating in the inherited property division judgment. In particular, the heir who acquired the object of the lease with the right to oppose it through division of inherited property inherits the status of the lessor of the deceased with immunity under the Housing Lease Protection Act or the Commercial Lease Protection Act, so it is appropriate to include the obligation to return the rental deposit as a subject of inheritance property division.