임대차보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff entered into a lease contract with the defendant for five floors among the land buildings of Busan Dong-gu, Busan, with the lease deposit of KRW 35,000,000,000, and paid KRW 35,000 to the defendant. The plaintiff asserted that the above building was sold by compulsory auction and that the defendant agreed to return the deposit by March 31, 2010, and that the defendant shall claim for the payment of KRW 35,00,000 and delay damages against the defendant.
In this regard, the defendant asserted that the plaintiff could not claim the return of the deposit since the plaintiff transferred the claim for the return of the deposit to another person.
According to the statements in Eul evidence 1 and Eul evidence 2, the plaintiff transferred to D on March 2, 2010 the obligation to return the lease deposit amount of KRW 35,000,000, and notified the defendant of the assignment of the above obligation on March 4, 2010.
Thus, the plaintiff who transferred his claim cannot seek the performance of his obligation to the defendant.
The plaintiff's claim is dismissed on the ground that it is without merit.